Insurance Claim Lawyer Cost and What It Covers

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An insurance claim lawyer can cost anywhere from $200 to $500 per hour, depending on their location and level of experience.

The cost of hiring an insurance claim lawyer can add up quickly, which is why many people try to navigate the process on their own. However, this can often lead to lost time and money due to errors and missed deadlines.

Typically, insurance companies cover the cost of an attorney's fees if the claimant wins the case. This is usually outlined in the policy agreement.

Insurance companies are required by law to provide a clear explanation of the attorney fee coverage in the policy.

Insurance Claim Lawyer Costs

Insurance claim lawyer costs can be a concern, but it's essential to understand the different payment structures.

You may be wondering how much an insurance lawyer costs, and the answer varies depending on the firm and the type of case. Some law firms charge by the hour, with rates ranging from $153 to $400 per hour, although the average rate for insurance lawyers is around $171.

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Insurance Claim HQ, for instance, uses a contingency fee structure, where you only pay if they win or settle your claim. This means you won't owe them any legal fees if they don't succeed in getting you a settlement.

Here's a breakdown of the contingency fee structure:

Keep in mind that the contingency fee rate can vary, but it's often around 33 ⅓% to 40% of the additional amount recovered.

First-Party

As an insurance claim lawyer, I've seen firsthand how first-party bad faith claims can occur. First-party claims happen when you're the policyholder and the claimant, and the insurer refuses to investigate the claim fairly.

For example, suppose you buy a homeowner's policy and suffer wind damage in a tornado. If the insurer refuses to investigate the claim fairly, you have a first-party claim based on a breach of the insurance policy and bad faith handling of your claim.

The nature of your bad faith claim will depend on your relationship with the insurance company. You may have incurred losses due to the insurer's bad faith, such as attorney fees, financial losses, emotional distress, or out-of-pocket expenses.

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Some of these losses can be substantial, including:

  • Attorney fees for hiring a lawyer to pursue your bad faith claim
  • Financial losses due to the delays in paying your claim
  • Emotional distress if the insurer was deliberately trying to frustrate you into accepting an undervalued settlement
  • Out-of-pocket expenses you paid since you did not receive your insurance benefits

You may also pursue punitive damages if the insurance company acted so outrageously that the court feels the need to punish the insurer's behavior.

Our Service Costs

We don't charge by the hour, which can be a burden during an already trying time. Recent data for hourly lawyer rates in Louisiana put the average at $245, with some charging as low as $153 and others as high as $400 per hour.

The contingency fee structure is more common for insurance claim disputes. This means we only get paid if we win or settle your claim. If we don't win, you owe us no legal fees.

The most common rate for contingency fees in cases like these is 33 ⅓%, but it can vary by firm and by case. The State of Louisiana sets no maximum contingency fee but does stipulate that such fees must be fair.

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Here are some key points to keep in mind:

The contingency fee is often the best option for insurance claim disputes, as it aligns our interests with yours. We only get paid if we help you recover what you deserve.

Why Are Denied

Insurance claim denials can be frustrating and confusing, but understanding the reasons behind them can help you navigate the process. Insurance companies may deny claims for various reasons, including policy exclusions or lack of coverage.

A policy exclusion means that the specific injury or property damage found in your claim is not covered by the policy. This can be a major issue, especially if you're counting on your insurance to help with the costs.

Insurance companies may also claim that the policy has lapsed due to unpaid premiums or late payments. This can be a valid reason for denial, but it's essential to review your policy and payment history to ensure you're in compliance.

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Your injuries or property damage may fall outside the policy's coverage or below the deductible, which can also lead to a denied claim. This is why it's crucial to carefully review your policy and understand what's covered and what's not.

Insurance companies may also use their independent experts or adjusters to determine that any loss you sustained was excluded or not covered by your policy at the time of the accident. This can be a complex process, and it's often best to seek the help of a licensed insurance claims attorney to ensure your rights are protected.

Here are some common reasons insurance companies may deny claims:

  • The policy excludes or does not cover the specific injury or property damage found in your claim
  • The policy has lapsed because you failed to pay premiums or did not pay on time
  • Your injuries or property damage falls outside the policy’s coverage or below the deductible

Types of Insurance Claims

There are several types of insurance claims, including first-party claims and third-party claims. First-party claims are filed by policyholders against their own insurance company, while third-party claims are filed against someone else's insurance company.

First-party claims can be further divided into two categories: property damage claims and bodily injury claims. Property damage claims cover damage to a person's property, such as their home or vehicle, while bodily injury claims cover medical expenses and lost wages resulting from an injury.

Third-party claims, on the other hand, are typically filed after an accident or incident that results in financial losses. These claims can be complex and may involve multiple parties, making it essential to hire an experienced insurance claim lawyer to navigate the process.

Common Homeowner Policy

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Filing a homeowner's insurance claim can be a complex process, but it's essential to act quickly. A delay can negatively affect your payment.

The most frequent type of property damage is wind and hail, accounting for approximately 75% of all damage. Water damage, theft, and other damage make up the remaining 25%.

Fire and lighting damage is the most expensive loss, more than double the amount of any other kind of loss experienced by homeowners. This type of damage can be devastating, so it's crucial to take immediate action.

You should take photographs and video of all damage immediately after the event, and try to find receipts for all damaged items. If items were purchased years ago, take good photos and write down the make and model number of the item.

The insurance company will assign a claims adjuster to call you for information, and the adjuster will likely give you some preliminary instructions and arrange to visit the property for an inspection.

Fire Damage

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Fire damage claims are the second most common homeowner insurance claim, accounting for 35 percent of all claims.

Fire damage can be substantial due to the destruction of both the physical structure and the contents inside the home.

Most fire causes are covered by insurance unless they involve arson by the policyholder or someone at their request.

If a fire is caused by a defective product, the insurer will often pay the claim and then sue the product manufacturer for reimbursement.

This is known as a subrogation claim, where the insurer stands in the shoes of the policyholder to demand reimbursement for the money paid on the claim.

Roof Damage

Roof damage can be a costly affair, especially if it's caused by a tornado, high winds, lightning, or a falling tree. If the damage is due to a covered event, the insurance company will foot the bill for repairs or replacement.

Replacing a roof or even the shingles can be a significant expense. Replacing a roof can be very costly.

Types of Disputes

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Insurance claim disputes can arise from various sources, such as denied claims or disputed policy terms.

At Rizk Law, our attorneys handle many types of insurance claim disputes.

Insurance claim disputes can be complex and time-consuming, requiring professional expertise to navigate.

Our attorneys are committed to helping clients settle disputes related to property damage, including damage to homes and businesses.

Disputes over life insurance policies, including claims for death benefits, are also handled by our attorneys.

We also assist clients with disputes related to auto insurance, including claims for vehicle damage and injuries.

Filing and Handling Claims

Filing and handling insurance claims can be a complex and time-consuming process, but knowing what to expect can make a big difference. Filing your claim immediately is crucial because a delay can negatively affect your payment.

Many insurance companies now have apps and online claim submissions, making it easier to get the process started. You should also take photographs and videos of the damage immediately after the event and gather receipts for damaged items.

The insurance company will assign a claims adjuster to contact you for information and inspect the property. You may also want to consider hiring a public adjuster to evaluate your loss and ensure you receive the maximum amount of compensation.

Filing a Homeowner's Claim

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Filing a homeowner's claim is a straightforward process that starts by reporting the claim to your insurance agent or directly to the company. Many companies have both app and online claim submissions.

Take photographs and video of all damage immediately after the event, and try to find receipts for all damaged items. For items purchased years ago, take good photos and write down the make and model number of the item.

The average homeowner claim amount for different types of losses in the United States from 2013-2017 shows that fire and lighting was the most expensive loss, more than double the amount of any other kind of loss experienced by homeowners.

File your claims immediately because a delay can negatively affect your payment. The insurance company will assign a claims adjuster to call you for information and arrange to visit the property for an inspection.

You may want to hire your own public adjuster to evaluate your loss instead of relying on the insurance adjuster. The adjuster will also tell you exactly what is covered under the policy and the payment limits.

Handling in Oregon

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In Oregon, insurance claims are governed by Oregon Administrative Rules (OARs), a compilation of rules and regulations directly governed by the state.

Insurance companies in Oregon are given a generous amount of time to acknowledge claims, with a deadline of no later than 30 days after receipt of a claim.

Within those 30 days, insurers must also provide all necessary claims forms, such as proof of loss, and respond to all communications regarding the claim.

If an insurance company needs more time to investigate a claim, they must inform the insured party and provide the reasons why every 45 days until the investigation is complete.

Understanding in Texas

In Texas, insurance companies must follow the terms of their policies and state insurance laws that require them to investigate all claims and pay those that are valid.

Texas has adopted a version of the Unfair Claims Settlement Practices Act that tells insurers what they must do to meet their duties of good faith and fair dealing.

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Most of the time, insurers uphold their duties and handle the claims process in good faith.

But occasionally, they deny claims simply to avoid paying insurance benefits.

They may use tactics like unreasonably denying coverage, refusing to negotiate, or delaying their communications with the claimant to increase the pressure on them to settle for an amount well below their losses.

When insurers use bad-faith tactics when dealing with claims, they become liable to the claimant.

Getting Help and Representation

You don't have to navigate the complex world of insurance claims alone. Many law firms offer free consultations and work on a contingency basis, meaning you pay nothing upfront.

You can start your case for free, as some firms follow the practice of accepting clients on a contingency basis. This means you won't have to pay any insurance claim lawyer costs until your case is resolved.

Some firms, like Buckfire Law, have battled insurance companies in Michigan for over 50 years. They offer a No-Fee Promise, which means there are no legal fees unless you receive a settlement.

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You can expect to pay a percentage of your settlement, typically ranging from 33 ⅓% to 40%, depending on the firm and case. The State of Louisiana sets no maximum contingency fee but stipulates that such fees must be fair.

If you're dealing with a bad faith claim, a specialized attorney can help you gather evidence and build a strong case. They'll work to get your claim paid fairly or document the insurer's actions in preparation for litigation.

Here's a breakdown of what to expect when working with a contingency-fee attorney:

Keep in mind that an hourly fee structure may not be ideal for insurance claim disputes, as it can lead to inflated costs and a burden on you during an already trying time.

Kristin Ward

Writer

Kristin Ward is a versatile writer with a keen eye for detail and a passion for storytelling. With a background in research and analysis, she brings a unique perspective to her writing, making complex topics accessible to a wide range of readers. Kristin's writing portfolio showcases her ability to tackle a variety of subjects, from personal finance to lifestyle and beyond.

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