Raleigh Insurance Bad Faith Lawyers
Nearly everything we own, every business we walk into, and every service we buy are protected and covered by insurance. If your own insurance company has denied your claim, is paying less than you are entitled to, or is just unfairly delaying the process, our experienced Raleigh insurance bad faith lawyers can help.
As former insurance defense coverage attorneys, we know how to fight for every penny you deserve.
What Is Insurance Bad Faith in North Carolina?
In North Carolina like many other states, the law requires insurance companies to treat people fairly. When an insurance company acts unfairly, deceptively, or puts its own profit ahead of the rights of its policyholders in a manner that is unlawful, it is called bad faith. An insurance company that is sued for bad faith in North Carolina could be made to pay to the policyholder all amounts due under the policy, as well as punitive or multiple damages and other relief. An experienced North Carolina bad faith lawyer can help you understand and protect your rights if an insurance company has acted in bad faith toward you.
Damages Our North Carolina Bad Faith Lawyers Could Help You Recover
The damages you suffered because of an insurance carrier’s bad faith or breach of your insurance policy may entitle you to monetary payments and compensation. Some of the most common types of damages recovered in the cases handled by our bad faith attorneys in Raleigh are:
Damages under the policy
Treble damages
Punitive damages
Attorneys’ fees
A Guide to North Carolina Bad Faith Claims
Most victims of insurance bad faith have questions about what they should/shouldn’t do and how the legal system works. It’s understandable because this kind of tragedy rarely happens to a person more than once. Unfortunately, there is little reliable or correct information about bad faith claims that is available to the public, which causes confusion about your rights under the law.
Our experienced insurance lawyers in Raleigh, NC are former insurance coverage attorneys who represented and worked for insurance carriers in these disputes. Here’s what our team of Raleigh bad faith lawyers believe you should know:
1. What Kinds of Insurance Bad Faith Occur in North Carolina?
There are two ways that an insurance company can be held accountable by a policyholder for bad faith under North Carolina law:
Unfair and Deceptive Trade Practices
North Carolina law includes a list of insurance practices that are automatically considered to be unfair and deceptive. This list includes false advertising, coercion, discrimination, lying about important facts or policy terms, refusing to pay claims without an investigation, and unreasonably forcing a lawsuit without attempting to settle with the policyholder.
Otherwise, an insurance company is guilty of unfair and deceptive trade practices if it harmed you by doing something that has tendency to deceive, that offends public policy, or that is immoral, unethical, oppressive, unscrupulous, or substantially hurts people.
Other North Carolina Laws
The second way an insurance company can be responsible for bad faith under the common law is if it refuses to pay policy benefits after receiving and recognizing a valid claim, if it acts in consideration of its own interests and disregards the interests of the policyholder, and if there is other aggravating or outrageous conduct by the insurance company that harms the policyholder.
2. What Happens If an Insurance Carrier Commits Bad Faith in North Carolina?
If an insurance company has committed bad faith in North Carolina, it can face very serious consequences. The policyholder may be entitled to all of the amounts due under the policy, as well as punitive or multiple damages. The insurance company may also be required to pay the policyholder’s attorney’s fees and other amounts such as pre- and post-judgment interest. All of these things can add up in some cases to millions of dollars, when the bad faith was especially bad and it caused extremely serious harm.
3. How Do I File a Bad Faith Claim in Raleigh, NC?
A bad faith claim begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.
The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.
4. How Long Do I Have to File a Bad Faith Claim in Raleigh, NC?
There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most bad faith claims, you have 3 years from the date the insurance carrier acted in bad faith. In many cases, that is the day that insurance carrier issued a denial of your claim. There is no wiggle room or do-overs when it comes to deadlines to file a bad faith claim, so it is in your best interest to get a Raleigh bad faith attorney involved as early as possible after your incident.
5. How Much Does a Bad Faith Lawyer in Raleigh, NC Charge?
Many Raleigh bad faith attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less. In some cases, a by-the-hour pricing model might make more sense for the case.
6. Can I File a Bad Faith Claim Without a Lawyer in Raleigh, NC?
Yes, you can file a bad faith lawsuit without a lawyer. However, if you bring your case on your own, you’re subject to the same rules and standards as you would be if you had a bad faith attorney. You are required to follow the same formalities and rules when filing court documents. The rules of discovery, admission of evidence, and civil procedure will still apply to you in your case. If you make a mistake, there is a chance that you case will be dismissed or thrown out. While you can file a civil lawsuit without an attorney, your best chance to recover the maximum amount possible is working with an experienced bad faith lawyer.
7. How Do I Find the Best Raleigh Bad Faith Lawyer for My Case?
Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.
Raleigh Insurance Bad Faith Claims We Handle
Fire insurance and catastrophic property loss disputes
Disability insurance disputes
Life insurance disputes
Business interruption insurance disputes
Third-party bad faith, including failure to settle and failure to defend
We are not currently accepting cases for auto insurance, small property damage, or health insurance disputes.
Raleigh Bad Faith Lawyer Prices
For transparent pricing on what our Raleigh personal bad faith attorneys charge to help you with your accident, please review our upfront pricing policies.
Raleigh Bad Faith
Lawyer FAQs
Areas Our Bad Faith
Lawyers Serve:
The Best Raleigh Bad Faith
Lawyers Will:
THOROUGHLY INVESTIGATE YOUR Issue
EXPLAIN YOUR OPTIONS
GUIDE YOU THROUGH THE CLAIMS PROCESS
NEGOTIATE WITH THE INSURANCE COMPANY
FILE A LAWSUIT IF NECESSARY
ABOVE ALL ELSE, FIGHT FOR YOU
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Why Our Raleigh Bad Faith Lawyers Provide Free Consultations
Free legal consultations play a vital role in ensuring access to justice as well as promoting fairness, justice, and the well-being of accident victims. That’s why our award-winning Raleigh bad faith lawyers always provide free consultations for potential clients
Schedule a Free Consultation With Our Raleigh Bad Faith Lawyers Near You
Even if the insurance claims you have no coverage for your loss, our Raleigh bad faith attorneys have experience in these cases to help ensure that you recover the maximum amount of compensation that you deserve for your damages.