Dealing with the aftermath of a personal injury is challenging enough without the added frustration of an insurance company that doesn’t seem to have your best interests at heart. If you were injured by an uninsured or underinsured driver and you’re facing an insurance company that refuses to treat your claim fairly or delays the claims process, it may not just be a simple mistake — it could be bad faith. Proving bad faith insurance practices may also lead to additional damages or penalties for the insurer.
At Gold, Khourey & Turak (GKT), we have nearly 50 years of experience handling personal injury cases and bad faith claims in the Ohio Valley. We understand the complexities involved in navigating the insurance industry, and we are committed to fighting for your rights. If you suspect that your insurance company is engaging in bad faith tactics, our skilled attorneys are here to help.
What is Bad Faith in Insurance?
Bad faith occurs when an insurance company deliberately acts in a way that violates its legal duty to treat policyholders fairly. Some common bad faith tactics include:
- Denying valid claims without justification
- Unnecessary delays in processing claims
- Offering settlements that are much lower than what’s reasonable
- Failure to investigate claims properly
- Misrepresentation of policy terms or coverage
When an insurance company acts in bad faith, it’s not just a violation of your rights — it’s also a breach of a legal duty. If you can prove bad faith, you may be entitled to compensation beyond the coverage available under your policy to compensate you for your personal injury.
How Proving Bad Faith Can Lead to an Additional Payout
Access to Damages Arising from a Delayed Settlement
In many personal injury cases, the compensation you receive is limited to medical bills, lost wages, pain and suffering, and other compensatory damages. However, if you can prove that your insurance company acted in bad faith in handling your claim, you may be eligible for extracontractual and punitive damages.
Compensation for Delayed Payment of Policy Benefits
If an insurance company unreasonably delays paying your claim, the court may award additional compensation for your annoyance, aggravation, and inconvenience, as well as other economic losses caused by the delay. For example, if you had to take out a loan to pay living expenses while waiting on the insurer to pay your policy benefits, you may be able to recover the costs of obtaining the loan.
Punitive Damages
Punitive damages are designed to punish the insurer for its bad faith actions and to deter other companies from engaging in similar behavior. These damages are separate from compensatory damages and can lead to a substantial increase in the total payout you receive.
Attorney Fees and Costs
If you are forced to hire an attorney to make your insurance company pay the benefits you’re entitled to due to their bad faith tactics, the insurance company may be required to pay your attorney’s fees and costs.
How Gold, Khourey & Turak Can Help
At Gold, Khourey & Turak, we understand how frustrating it can be to fight for what you deserve when an insurance company refuses to treat you fairly. That’s why we’re dedicated to holding insurers accountable for their bad faith actions.
Here’s how our bad faith attorneys can assist you:
- Thorough case evaluation: We will carefully review your case, identify any signs of bad faith, and determine the best course of action to pursue.
- Investigation and evidence gathering: We will conduct a comprehensive investigation to uncover any bad faith practices, including reviewing communication from the insurer, the timeline of events, and the settlement offers.
- Aggressive legal representation: If we find evidence of bad faith, we won’t hesitate to take legal action. Our attorneys are experienced in fighting insurance companies and will work tirelessly to ensure you get the compensation you deserve.
- Maximizing your payout: Our goal is to help you secure not only the compensation you’re entitled to but also any additional damages or penalties available under the law, such as punitive damages and interest.
Need Help? Get Help. Get GKT.
If you’re facing an insurance dispute and suspect bad faith practices, don’t settle for less than you deserve. You have the right to be treated fairly, and GKT is here to help you fight for it. Our attorneys are licensed to practice in Ohio, West Virginia, and Pennsylvania, and we’re available 24/7 to assist you with your case.
Let us fight for your rights and help you secure the full compensation you deserve. Contact us today at (304) 845-9750 or complete our online form for a free consultation.
Need help? Get help. Get GKT.
Michelle Marinacci joined Gold, Khourey & Turak in 2018 bringing with her 20 years of litigation experience, including prosecuting and defending civil litigation cases and assisting in case decisions at the West Virginia Supreme Court of Appeals.
