Common Questions - Daly & Black, P.C.
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Intake

The intake process is as follows:

  • Gathering basic contact information
  • Sending and gathering a list of necessary documents
  • Receiving and signing the fee agreement
  • Entering everything into our document system
  • Sending off for an attorney review
  • Sending a pursuit notice to the insurance company

After the pursuit notice is sent, intake is no longer involved.

It depends on how responsive your insurance provider is throughout the process.

No, to pursue a case we need the client to have filed an insurance claim and received a denial or underpayment from the insurance company.

Depending on the documents, we can contact the necessary parties to obtain the required documents for any that you are unable to locate.

No. It is always best practice to follow up with your mortgage company to ensure your home is insured.

Only if the spouse is included in the insurance policy.

First-Party Insurance

A first-party insurance claim arises when a person or business has an insurance contract or policy and a disagreement with the insurance company over whether the insurer has fully complied with its contract.

Our firm is happy to review any such claim, at no cost to the policyholder, to determine whether a valid claim exists under the policy in question and applicable state law. Our firm will consider handling first-party insurance claims in the following areas:

  • Health Insurance Claims
  • Commercial Claims
  • Business Interruption Claims
  • Disability Insurance Claims
  • Life Insurance/Death Claims
  • Earthquake Loss Claims
  • Hurricane Claims
  • Tornado Claims
  • Windstorm Claims
  • Hailstorm Claims

This is very common. In these instances, you may still have a first-party claim. The most obvious form of a first-party insurance claim is when the insurer simply refuses to pay what is owed. More frequently, the insurance company underpays the claim, which can still be a breach of the agreement. Our lawyers will analyze the contract to determine whether such a claim exists in underpayment situations.

Insurance companies make money when they collect premiums and “lose” money when they pay claims. Like any business, the insurance industry is profit-driven and will, on occasion, put its bottom line ahead of its customers’ rights.

Virtually all types of policies might be the subject of improper denials or underpayment of claims. This includes auto, health, life, homeowners, disability, and recreational vehicle agreements.

What is deemed unlawful, illegal, or bad faith depends on state law. Typically, your state of residence controls what state’s law will apply to this question. The simple definition of bad faith insurance practices is dishonesty to avoid having to fulfill contractual obligations; however, this can take many forms. Examples include:

  • Denial of coverage for no apparent reason
  • Failure to communicate with the client, such as not returning calls, taking an unreasonably long time to return calls, and refusing to listen to the client’s story
  • Not disclosing policy limits
  • Harassing requests for an impossible amount of information before handling a case
  • Cherry-picking investigation information for their own purposes
  • Misrepresentation of their policies
  • Threatening clients

Courts are aware that insurance companies or corporate defendants do not always act ethically, but it is crucial to have the help of an aggressive attorney on your side when suing for compensation.

Call us. Insurance companies, and the representatives they send to adjust or review your claims, do not always have your best interests at heart. We do. If you believe your insurance company has improperly denied or underpaid a claim, or behaved wrongfully, we will review the case at no cost to you. If we agree that the case has merit, we will prosecute your rights and level the playing field against the insurer so that you or your business is made whole. Our attorneys will ensure your rights are enforced and that the insurer is held accountable for any wrongdoing. We will not take a penny unless you are satisfied that the insurer is finally doing the right thing.

Yes. The fine print on your insurance policy contains many conditions through which you may not be eligible for compensation. Their legal teams are keenly aware of these conditions, so when a claim is submitted for approval, they review everything closely before paying out a settlement. If your claim is denied, it does not mean you do not have a right to compensation. An experienced legal professional can help you understand if your insurer is acting unethically.

While this answer depends on the insurer, the goal of all insurance companies or corporate defendants is the same: make money. If there is a feasible way for them to avoid paying out a fair settlement, they are likely to take advantage of it. When you file a claim, you should feel confident that your needs will be fully covered. If it doesn’t feel that way, contact an experienced Houston insurance claim lawyer for more information.

Personal Injury

The timeline for receiving compensation in a personal injury case can vary widely based on several factors. These factors include the complexity of the case, the severity of your injuries, the willingness of the insurance company to negotiate, and whether the case goes to trial.

In some cases, settlements can be reached within a few months, particularly if liability is clear and damages are straightforward. However, more complicated cases or those that go to trial can take a year or more to resolve.

Our goal is to ensure you receive the full compensation you deserve as efficiently as possible. We will keep you informed throughout the process and work diligently to resolve your case in a timely manner.

Yes, we can help you find a doctor for your injuries. Our firm works with a network of trusted medical professionals who specialize in treating personal injury victims. We understand the importance of receiving prompt and appropriate medical care not only for your recovery but also to document your injuries for your case.

The value of your personal injury claim depends on several factors unique to your case. These factors include the severity of your injuries, the impact on your daily life, medical expenses, lost wages, and pain and suffering. Additionally, the determination of liability and the willingness of the insurance company to negotiate also play a role. To accurately assess the value of your claim, we will need to conduct a thorough evaluation of all these aspects. This includes reviewing medical records, consulting with experts, and understanding the long-term effects of your injuries. While it’s difficult to provide an exact figure without a detailed analysis, our experienced attorneys will work diligently to ensure you receive the maximum compensation you deserve. We are committed to advocating for your rights and will keep you informed throughout the process.

While it might be tempting to accept the initial settlement offer from your insurance company, it’s important to understand that their primary goal is to minimize payouts. Insurance companies often offer settlements that are significantly lower than what you may be entitled to. Here’s why having a lawyer is crucial:

  1. Accurate Valuation: A lawyer can accurately assess the full extent of your damages, including medical expenses, lost wages, future care costs, and pain and suffering. This ensures you are not under-compensated.
  2. Negotiation Power: Lawyers are skilled negotiators who understand the tactics used by insurance companies. They can negotiate effectively to ensure you receive a fair settlement.
  3. Legal Expertise: A lawyer understands the legal complexities and can protect your rights throughout the process. They can advise you on whether the settlement offer is fair and in your best interest.
  4. Litigation Readiness: If the insurance company refuses to offer a fair settlement, a lawyer can take your case to court. The threat of litigation often encourages insurance companies to offer better settlements.
  5. Peace of Mind: Having a lawyer handle your case allows you to focus on your recovery without the stress of dealing with insurance adjusters and legal procedures.

Hiring a lawyer ensures that you receive the compensation you deserve and that your rights are fully protected.

Paying for medical bills after an injury can be challenging, but there are several options available to help manage these costs:

  1. Health Insurance: If you have health insurance, it should cover your medical expenses up to your policy limits. Keep in mind that you may still be responsible for co-pays and deductibles.
  2. Med Pay or PIP Coverage: If your accident involved a vehicle, your auto insurance policy might include Medical Payments (Med Pay) or Personal Injury Protection (PIP) coverage, which can help cover your medical expenses.
  3. Workers’ Compensation: If your injury occurred at work, workers’ compensation insurance should cover your medical bills and a portion of your lost wages.
  4. Medical Liens: Many healthcare providers are willing to treat you on a lien basis, meaning they agree to wait for payment until your personal injury claim is resolved. We can help arrange this with your medical providers.
  5. Settlement Advances: In some cases, you might be eligible for a settlement advance or lawsuit loan, which provides funds upfront to cover medical expenses while your case is ongoing. These advances are repaid from your settlement.
  6. Out-of-Pocket Payments: If you have the means, you may choose to pay out-of-pocket for your medical bills and seek reimbursement through your personal injury claim.

Our firm can help you explore these options and work with your healthcare providers to ensure you receive the necessary treatment without undue financial stress. We aim to secure the compensation you need to cover all your medical expenses as part of your personal injury claim.

If you have questions that were not answered, please contact us by calling (855) 682-3090 or by filling out the form below. We are happy to answer any questions you may have.