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What Damages Can I Recover If I File a Bad Faith Claim?

If your insurer has been acting in bad faith, taking legal action will help you recover both economic and non-economic damages, as well as punitive damages and attorney fees, in some cases.

answered by Gregory A. Cade

The key to recovering the maximum damages you deserve in bad faith insurance cases is the representation of a specialized attorney

Victims of bad faith insurance are usually entitled to both economic and non-economic damages if they initiate a lawsuit against the liable company. Economic damages refer to financial compensation meant to cover the havoc the cataclysm wreaked on your home and the inconvenience caused to you by the unethical actions of your insurer, whereas non-economic damages concern aspects such as emotional distress. With the help of a skilful attorney, you may be able to recover up to three times the amount of benefits – such as coverage – your insurer should have provided you with in the first place.

Additionally, if you work with a knowledgeable lawyer, you may recover the following damages:

  • consequential damages, also known as special damages, which are awarded when a party fails to meet their contractual obligations
  • punitive damages, if the insurance company is found guilty of deliberate misconduct, which are awarded to hold the wrongdoer liable and set a good example for other potentially unethical insurers
  • attorney fees, which would normally be subtracted from the compensation received by the plaintiff, may also be recovered from the insurance company itself in cases of bad faith

How can a lawyer help in a case of bad faith insurance in Puerto Rico?

Regardless of the circumstances and individuals they concern, the majority of lawsuits are very complex processes, whose navigation – as well as preparation – requires the knowledge of a legal professional. However, depending on the case they involve, each lawsuit needs to be handled by a certain attorney. Specialization plays a vital role when it comes to legal cases, as, for instance, a lawyer whose primary area of practice is Banking and Finance Law will not have the necessary knowledge to successfully resolve a personal injury case of toxic exposure. Therefore, for bad faith claim lawsuits, only attorneys who are experts in Environmental Law will be able to provide you with adequate legal assistance and representation.

Gathering evidence is a crucial part of the process. At the same time, it is regrettably often the reason why innocent people are not awarded the damages they truly deserve in bad faith claim cases. When a specialized attorney and their legal team are in charge of collecting proof of your insurer’s acting in bad faith, you can rest assured your case is going to have the desired outcome. A law firm whose main area of practice is Environmental Law will have plenty of resources, such as vast databases, to search through in order to prepare a solid case against your insurance company. Furthermore, if you let professionals handle your case, you will have more time to attend to important issues which inevitably arise when natural disasters like Hurricane Maria strike your property.

Finally, if you worry you cannot afford to have a lawyer take care of your bad faith claim lawsuit, we have some good news for you – most attorneys work on contingent fees, which means you are not required to pay them anything unless they recover compensation for you. Afterwards, the attorney fees will be subtracted from the sum of money your lawyer recovers from the liable party.

The lawyers at Environmental Litigation Group, P.C. are no exception. We also work on a contingency fee agreement with a standard fee of 40% and have nearly 30 years of experience with victims of natural disasters and occupational exposure. If you are a Puerto Rico resident whose house was destroyed by Hurricane Maria and your insurer failed to live up to the terms of your contract, please contact us at 888-373-8301 at your earliest convenience. We will dedicate our endeavors to obtaining the maximum compensation you are eligible for.

*The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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