Unique Experience, Extraordinary Results

What damages may be available in bad faith claims?

On Behalf of | Jul 15, 2015 | Bad Faith Insurance Claims

Any time you have to deal with your insurance company can feel like a battle. You have to arm yourself with information, defend yourself against delays and be aggressive when it comes to making sure your claim is properly investigated. This can be quite infuriating, especially when you are already dealing with property damage and injuries.

If you are like many other people in this situation, you may be tempted to just give up or accept whatever your insurance company says, even if you don’t agree with it. However, you should understand that although it can be challenging, pursuing a bad faith claim against an insurance company can help you get the benefits you deserve as well as other damages.

When you file a claim citing bad faith practices by your insurance company, you are in a position to receive much more than what may have been promised in your policy.

If your claim is successful, you could be awarded damages in excess of your policy limits. Further, Florida statutes allow for the recovery of attorney’s fees and court costs. The amount of damages will vary based on several factors, including whether it is resolved out of court or through litigation.

Additionally, in some very specific cases, punitive damages may also be awarded if the insurance company acted in a manner determined to be malicious or with reckless disregard. 

The potential for financial relief should strongly be considered if and when you find you have been mistreated by an insurance company, but there are other reasons to consider legal action. Filing a claim citing bad faith acts can send a powerful message to insurance companies that such misconduct will not be ignored. It can also call out questionable policies and prompt companies to make changes so others will not fall victim to such tactics.

For information on the specific damages that may be available in your specific case, you can discuss the details of your situation with an attorney.