Insurance is a contract between an insured party or policyholder and an insurance company where the policyholder makes periodic payments to the insurance company for protection against future losses. Most people have insurance coverage for their home, their healthcare expenses, their car, their life, and other property with a high replacement value. Insurance contracts or policies can also protect against losses resulting from accidents such as injury or property damage. They help cover costs associated with legal liability for damages caused to third parties.
Generally, when a covered event occurs, the policyholder files a claim with their insurance company to get reimbursement for their loss. Unfortunately, the claims process does not always go smoothly. An insurance policy does not necessarily mean that the insurance company will accept every claim that a policyholder makes. Insurance companies notoriously find ways to avoid paying out the full value of the claims that they receive from policyholders.
Insurance companies notoriously find ways to avoid paying out the full value of the claims that they receive from policyholders, especially in cases involving serious injuries, where working with an injury attorney in Tulsa is often necessary to recover full compensation.
Navigate This Page
- How the Gorospe Law Group Can Help You
- Why Insurance Claims Get Denied
- Elements of a Bad Faith Insurance Claim
- Compensation for Fighting an Insurance Claim Dispute
- Cost to Hire a Tulsa Insurance Claim Disputes Lawyer
- Contact the Experienced Tulsa Insurance Claim Disputes Attorneys at the Gorospe Law Group
How the Gorospe Law Group Can Help You
If you are in dispute with your insurance company over a claim, the experienced Tulsa, OK insurance claim disputes attorneys at the Gorospe Law Group can help you resolve your dispute.
- At the Gorospe Law Group, our attorneys have years of experience protecting clients’ interests in insurance claim disputes.
- Our founder, Anthony Gorospe, spent years at a large defense firm representing insurance companies. He now uses those skills and experience to advocate for his current clients facing insurance claim disputes.
If you have filed a claim with an insurance company and are having a rough time getting the compensation you deserve, we can help you recover a just reimbursement on your claim. Contact the experienced Tulsa insurance claim dispute lawyers at the Gorospe Law Firm to find out how we can help you. Call us at (918) 582-7775 today.
Why Insurance Claims Get Denied
Insurance companies deny claims more often than many people realize. While some denials are legitimate, others are based on questionable interpretations of the policy or the evidence. Fortunately, with the right legal representation, many claim denials can be challenged successfully.
Some of the most common reasons for insurance claim denials in Tulsa, Oklahoma, include:
- Material misrepresentation during the application process
- Fraudulent or false claims submitted to the insurer
- Allegations that the loss arose from unlawful acts
- Losses that fall into uninsured or excluded claim categories
- Disputes over liability or responsibility for the damages
- Causation challenges, where the insurer claims the loss is unrelated
- Questions regarding the severity of the loss or the
- lack of proper documentation
- Lapses in coverage or technical issues with the policy itself
Insurance companies are for-profit businesses, and they often look for ways to limit or avoid paying claims. If your claim has been denied, that doesn’t necessarily mean the fight is over. Our trusted insurance claim disputes attorney in Tulsa can review your policy and pursue all of the benefits you are entitled to under the law.
Elements of a Bad Faith Insurance Claim
Insurance companies owe a duty of good faith and fair dealing to their policyholders. A policyholder may have a claim against their insurance company where there is a clear showing that the insurance company unreasonably and in bad faith withheld payment of the policyholder’s claim. A bad faith claim can only arise when the insurance company refuses to pay a claim. However, more frequently disagreements arise concerning the amount of the claim, the cause of the covered loss the policyholder is making a claim for, and the alleged breach of the conditions of the policy.
These disputes often occur after serious incidents such as car accidents, truck accidents, or construction accidents, where the financial stakes are high and liability is contested. When such disputes arise, to sustain a claim, the policyholder must prove the essential elements the policyholder must show are:
- That he or she was covered under an insurance policy issued by the insurance company
- The actions of the insurance company were unreasonable under the circumstances
- The insurance company failed to deal fairly and act in good faith toward the policyholder’s claim, and
- The breach or violation of the duty of good faith and fair dealing was the direct cause of any damages sustained by the policyholder.
If you are in dispute with your insurance company and are unsure of what kind of action you can take against them, you should speak to an insurance claim disputes attorney who can advise you and help you understand your legal options.
Compensation for Fighting an Insurance Claim Dispute
When an insurance company wrongfully denies a claim, the consequences can extend far beyond the value of the policy. Under Oklahoma law, policyholders may be entitled to various forms of compensation for the losses caused by the insurer’s refusal to honor its obligations.
Possible recoveries may include:
- Consequential damages are tied directly to the wrongful denial
- Legal fees incurred while pursuing the claim
- Court costs related to litigation
- Attorneys’ fees awarded by the court
- Interest on delayed or missed payments
- Other foreseeable losses caused by the insurer’s breach
Oklahoma Statutes – Uniform Commercial Code §12A-2-719 allows contracts to spell out or even limit the remedies available, but those limits won’t be enforced if they’re unfair or if the agreed-upon remedy doesn’t actually work. That means if an insurer’s wrongful denial causes you to suffer additional, foreseeable losses, you may still be able to recover those harms even if the policy tries to narrowly restrict your damages.
Fighting an insurance company can feel overwhelming, but it’s important to remember that you aren’t powerless as the policyholder. With our skilled Tulsa insurance claims disputes attorney on your side, you can pursue full compensation for the harm caused by a wrongful denial.
How Much Does it Cost to Hire a Tulsa Insurance Claim Disputes Lawyer?
One of the most common concerns people have before challenging an insurance company is the cost of hiring a lawyer. Fortunately, most personal injury attorneys who handle insurance disputes, including ours with the Gorospe Law Group, work on a contingency fee basis. That means you don’t pay anything upfront, and you won’t owe attorney’s fees unless your lawyer recovers money for you.
You’ll sign a contingency fee agreement at the beginning of your case that covers all the details. In most situations, our fee is around one-third of the amount recovered, though the exact percentage may vary depending on the complexity of the claim.
This arrangement makes quality legal representation accessible regardless of your financial situation. It also aligns your interests with your lawyer’s, as our attorney only gets paid if you do.
Contact the Experienced Tulsa Insurance Claim Disputes Attorneys at the Gorospe Law Group
Our aggressive and experienced Tulsa insurance claim dispute lawyers have successfully handled numerous insurance bad faith claims and can help you in your insurance claim dispute. Don’t feel pressured to settle a claim for less than its full value or completely forego a claim because of the difficulty of dealing with your insurance company. Contact the experienced Tulsa insurance claim disputes lawyer at the Gorospe Law Group today at (918) 582-7775.