Breach of Contract. With this type of lawsuit, you and your Phoenix tort lawyer must thoroughly review the terms of your policy and prove that these terms were not honored by your insurance company. While breaches of contract are easier to prove, they do come with a smaller reward than the other option because most states limit damages to the value of the contract itself. This means that the most you can be awarded is the amount you should have received from filing a personal injury claim to begin with. In some cases, courts also grant consequential damages and attorney’s fees.
Bad Faith. With this type of lawsuit, there are a variety of damages that can be included in addition to breaches of contract, such as mental or emotional stress and punitive damages. While these types of lawsuits present a high danger for insurance companies due to the larger amounts of money that can be rewarded, bad faith lawsuits are much more difficult to prove. You must go above simply proving that coverage was wrongfully denied, and show the court that the company was purposely acting in a deceptive way.
To determine which suit is appropriate for your case, consult with a Scottsdale tort lawyer. He or she will be able to recommend the suit that you are more likely to win with the highest possible award.
If you believe that you have been wronged by your insurance company through filing a personal injury claim and receiving a false denial, it is important to consult with a Phoenix tort lawyer to explore your options. With almost three decades of experience, the Phoenix tort lawyers at Simon Law Group have successfully represented hundreds of individuals against insurance companies and other organizations. Our talented Phoenix tort lawyers can help you to file a suit and prepare a strong case against your insurance company. If you are interested in scheduling a free consultation with a Phoenix tort lawyer, please call Simon Law Group today at 480-745-2450 or contact us online