Can You Sue for Emotional Distress in a Bad Faith Insurance Case?
The insurance company can be on the hook for the damages that they have caused you when they break the law. An experienced Inland Empire insurance bad faith attorney at Quincey Law can help make this happen for you through our never-ending commitment to justice.
Dealing with a recalcitrant insurance company under any circumstances can be deeply upsetting. The difficulty can be even worse when you are already suffering from physical ailments. Regardless of the type of claim that you have filed, you may be able to hold the insurance company accountable in a bad faith lawsuit, and your damages can include emotional distress.
You can regain control of your situation and get back what the insurance company has taken from you by filing a bad faith lawsuit. Schedule a free initial consultation with Quincey Law at (866) 945-9175 to learn what you can do in this situation.
You Can Sue an Insurance Company for Bad Faith When They Break the Law
A bad faith lawsuit is a powerful tool that you have to hold the insurance company accountable for what they did and to be compensated for all of the harm that you have endured. Strict bad faith laws in California make it illegal for an insurance company to engage in a number of practices. Claimants commonly file bad faith lawsuits when the insurance company has done the following:
- Rejecting a claim without a valid basis or proper investigation
- Unjustified delays in paying your claim that leave you at risk of collection
- Making a settlement offer that is far below the true value of your claim
- Misrepresenting the terms of your policy and using it as the basis to improperly deny your claim
- Unreasonably delaying their response to your claim
A Bad Faith Lawsuit Seeks to Recover All of Your Damages
Think of a bad faith claim as a direct case against the insurance company for the harm that they have caused you when they break the law. Here, your damages can take on a number of forms. Obviously, there are economic losses that are associated with any delay in paying your claim or the failure to pay you altogether. For example, if you needed additional medical care because a health insurance company refused to cover a procedure that could have aided your recovery, they would become liable for that in a lawsuit.
Like any type of legal claim, there are both economic and non-economic damages that you have suffered due to wrongful conduct. In the bad faith context, one of the primary damages that you may sustain is emotional distress. The difficulty of dealing with the insurance company can wear you down mentally when you are already going through a difficult time. A delay or failure to pay your claim can harm your mental health, both in the short and long run.
Emotional Distress in a Bad Faith Lawsuit
Under California Law, in a an insurance bad faith lawsuit, you may seek non-economic damages – meaning damages for the distress, worry, anxiety, etc. that that insurance company caused you. Such a damages are unique to cases involving contracts, such as insurance policies. However, California Law has recognized that insurance policies are not just like any other contract and as such, has afforded you the right seek these non-economic damages. In many cases, these damages can dwarf the policy benefits that are owed.
It is helpful for your case if you document the emotional distress that you endured on account of the insurance company’s conduct. If their actions are wearing you down, you may seek treatment and your mental health provider should document your condition through treatment notes that they would make over time. Remember that you have an obligation to prove your damages in any type of lawsuit, including a bad faith claim that you would file directly against the insurance company.
Not only can you get money for the medical costs and other effects connected to the emotional distress, but being able to prove emotional suffering can strengthen your case in other areas. Punitive damages are often what magnify the amount of the award that you may receive if you take your case to a jury and win. If you are able to show that you experienced emotional distress, it could make punitive damages even more likely because a jury may be angered.
Contact an Inland Empire Insurance Bad Faith Law Firm
The experienced Inland Empire insurance bad faith lawyers at Quincey Law do everything in their power to get Justice on your behalf when the insurance company has violated the law. Take the first step to fighting for accountability by scheduling a free initial consultation with one of our bad faith attorneys. You can do this by filling out an online contact form or by calling us today at (866) 945-9175.
Nicholas Quincey is the founder of Quincey Law, and has over a decade of experience of handling insurance claims denials and personal injury matters for people throughout California. We have pursued insurance bad faith claims for people involving life insurance, health insurance, homeowners and disability insurance. We also work with clients and families who need assistance filing and pursuing a personal injury matter. Learn more here.