Austin Bad Faith Insurance Lawyer

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Austin Bad Faith Insurance Lawyer

Bad Faith Insurance Attorney in Austin, TX

Your insurance company is supposed to protect you. Whether your home has suffered storm damage in Windsor Park or you are now dealing with a commercial insurance claim in South Congress, when your insurance company denies or underpays a claim or other legal disputes arise, you deserve trusted counsel and representation. Jon Michael Smith, an experienced Austin bad faith insurance lawyer, is here to protect your rights and advocate for you.

Hire a Bad Faith Insurance Lawyer

If your Austin insurance claim has been wrongfully denied or underpaid, Jon Michael Smith protects you. With over 30 years of legal experience, I will advocate alongside you through any alternative dispute resolution process or if your claim is litigated in a court. Settling a bad-faith insurance claim can be frustrating and disheartening. Working with me can keep your case focused on the facts to pursue legal accountability.

I am a Texas Board-certified consumer and commercial law attorney and hold an AV Preeminent peer-review rating through Martindale-Hubbell. I have also been named Super Lawyers for seven years running. When your insurance company betrays you, I am here to step in and hold them accountable by taking the following actions on your behalf:

  • Reviewing all paperwork included in your original claim to gain a full understanding of all necessary details
  • Reading over your insurance policy so that I can adequately answer all your questions regarding coverage
  • Reviewing evidence to identify intentional liberties taken by the insurance adjuster to act in bad faith
  • Demanding that you receive compensation you are owed for your original damage, in addition to damages that have been incurred due to the bad faith.
  • Negotiating a settlement that compensates you for all the damages you have experienced
  • Filing an official bad faith claim and taking the insurance company to court if they refuse to negotiate a fair settlement

Understanding Bad Faith Insurance Cases in Austin

Individuals across Austin pay hundreds of dollars a month on property, life, and other insurances to protect themselves and their families from the unexpected. When you suffer damages, it is frustrating when a claim is underpaid or denied. While justification for denying a claim may be presented, the reality is that you could be the victim of bad faith if any of these elements apply to your insurance claim:

  • There is validity to your claim. If the damage done to you or your property checks off the criteria listed under your insurance policy, and it was still denied, then you may have a bad faith insurance claim on your hands.
  • The payout was withheld in an unreasonable manner. Even in cases where your claim was valid, the insurance company may have denied the claim, underpaid the claim, or invested an unreasonable amount of time determining whether to provide you with coverage, then you need to reach out to a bad-faith insurance lawyer as soon as possible.
  • You suffered real damages. With an average out-of-pocket cost estimated at $162,000, you may be able to file a bad-faith insurance claim. The insurance company may have unreasonably withheld the payout of a valid claim and have therefore made you suffer further losses, such as in cases where you had to pay for out-of-pocket repairs or medical costs because of a car accident.

In Austin, there are some clear examples of what an act of bad faith might look like, including:

  • The insurance company did not take the proper time or actions necessary to fully investigate your claim
  • The insurance company did not investigate your claim at all
  • The payout you eventually received was extremely delayed. This is a tactic used by insurance companies to stop pursuing the claim.
  • You were offered much less than the true value of your claim
  • You were never provided with an explanation as to why your claim has been denied

According to a data study conducted by KFF, in a single year, the insurer denied 49% of all claims that it received. If you have been denied or severely underpaid, Jon Michael Smith is ready and able to serve you.

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Damages You May Be Entitled to Recover

If you have suffered an act of bad faith, you may be entitled to recover certain damages, in addition to the original damages your initial claim sought. These damages can be broken down into the following:

  • Economic damages. These damages help compensate a victim for any financial losses they have suffered due to bad faith actions. It can include all related medical costs, lost wages, lost employment benefits, or the loss of future earning ability.
  • Non-economic damages. These damages, while considered to be intangible, can add a large value to your claim and include pain and suffering, emotional distress, loss of reputation, diminished quality of life, and PTSD.
  • Punitive damages. In certain, though very rare, cases, you may be able to seek punitive damages for acts of bad faith. These damages are intended to punish the defendant. For example, if your insurance adjuster or company took advantage of you in a knowing and intentional manner, then they may be required to pay punitive damages to discourage them or other companies from taking similar actions.

Statute of Limitations on Bad Faith Insurance Claims in Texas

In Texas, you have two years to file for damages in a claim of bad faith against your insurance company. This law is known as a statute of limitations, and if this deadline is missed, your case will likely be dismissed, and you will not be able to recover any damages. For this reason, it is crucial to hire an attorney as soon as you suspect bad faith.

Austin Bad Faith Insurance Lawyer Near You | Local Law Firm

When you need to hire a bad faith insurance lawyer, contact Jon Michael Smith, Attorney, a local law firm. With my knowledge and experience, I can protect your rights and interests. For years, I have advocated for the rights of policyholders across Texas. Each case is unique, and I tailor services to meet the individual needs of each client. With my help, you can confidently navigate the legal road ahead.

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