Preparation Is the Key to Success: 7 Things You Can Expect When Suing an Insurance Company

Going to a legal battle with anyone can be a stressful time in your life, but when that battle is being fought by an insurance company that comes complete with a barrage of their own expert attorneys, it becomes even more difficult. But sometimes the individual has to take a stand for their own rights against big corporations, and if that’s you, knowing what to expect can help you prepare your case.

Here are 7 things you can expect to deal with when you are suing an insurance company for any reason.

What to Expect When You Sue an Insurance Company

1. You can’t do it alone. Sure, suing your insurance company is something you can do physically, but if you want someone knowledgeable to defend your rights against the team of lawyers the insurance company likely has, you’ll need to find a good, qualified attorney to help you. Be sure that they have experience in this field and come complete with solid references that you can verify.

2. The investigation process comes first. Before you step foot in a courtroom, your lawyer and the opposing party’s will go through a process called “discovery.” This happens after the initial investigation phase is over. In discovery, both sides exchange all of their documentation and conduct depositions in which they can question witnesses under oath to get their general testimony.

3. You will undergo a deposition, too. It’s a pretty good guarantee that the insurance company’s attorneys will want to depose you. If you are the deponent, you need to answer all of the questions truthfully, but your lawyer will be in the room with you to keep you protected from unnecessary or unfair lines of questioning.

4. There will be a mediation process. Once both parties gather evidence and view their discovery information, both party’s lawyers will discuss the potential to come to a settlement agreement in a process called “mediation.” You will likely be in the room during this process. You and your lawyer can agree on the terms if a settlement is offered, and if it does not seem fair, or there is no potential to settle, your case will be slotted for trial.

5. When your case heads to trial, your lawyer will discuss with you what you will be required to do. Pending trials can take a long time - from months to even years - to occur. During this time, your lawyer will work with you on practice testimonies, take you through what to expect, and in general prepare you to be a confident witness.

6. It’s a long process, so you will need patience. It’s normal to want to get your case over with as soon as possible, but it’s not always up to your lawyer as to how fast the case proceeds. Have patience and check in with your lawyer’s assistant occasionally or wait for them to call and keep you posted on any updates.

7. You’ll get a final verdict. At the end of the trial, there will be a final verdict from the judge or jury. If it rules in your favour and you have hired your attorney based on a contingency fee, then they will get the percentage of your recovered amount that you both agreed upon. With many cases in which an insurance company is sued, if there is no recovery, there is no need to pay a fee.

You Don’t Have to Face the Insurance Company Alone

No one needs a lawyer - by law - to file a lawsuit, but when you’re facing the giants in an insurance company, having a knowledgeable attorney in your corner can give you the peace of mind of knowing you are not entering a lion’s den and you stand a fighting chance to win your case.