You may sue for bad faith if your insurance unreasonably refuses to pay benefits owed in a valid claim in Nevada. Our attorneys require correspondence between you and the insurer, policy and claim documents, and other relevant records to sue successfully, all of which we can help gather.
To sue, you must file your lawsuit within the four-year statute of limitations for bad faith cases against insurance companies. You need evidence to do this, and we can help organize correspondence, claim and policy documents, and other relevant records. There are many ways insurance companies act in bad faith, including unreasonably denying payment, underpaying claims, or delaying payment, all of which may be grounds for suing in Nevada.
For a free and confidential case review from our Las Vegas personal injury lawyers, call Mitchell Rogers Injury Law at (702) 702-2622.
How to Sue Insurance for Bad Faith in Nevada
You need evidence to sue your insurance for bad faith, and that includes correspondence, claim and policy documents, and even your medical records.
Save Correspondence
We need any correspondence between you and your insurance company. Correspondence may reveal that the insurer unreasonably denied benefits you were entitled to or that it pressured you into accepting a lower payout. The sooner you involve our Enterprise, NV personal injury lawyers in your case, the sooner we can take over all communication with the insurance company.
Keep Claim and Policy Documents
You should also keep all documents related to the claim, such as a letter stating that your claim has been denied or a letter describing your too-low payout, as well as policy documents.
Gather Relevant Records
We also require relevant medical records, police reports, witness statements, and other records that help us prove your injuries should have been covered under a valid claim, but the insurer unreasonably denied payment.
What Proof is Needed to Win a Bad Faith Lawsuit Against Insurance?
While trials for bad faith lawsuits are less common than settlements, you must be prepared to prove the insurance company acted in bad faith and unreasonably withheld evidence in case we must go to court.
You Had a Valid Claim
First, we must prove that you had a valid insurance claim under the policy’s terms and that the policy was not paid out. This is where policy documents, medical records, witness statements, and correspondence become especially useful. Give us a copy of the denial letter you received, and any information that helps us prove you had a valid claim, like the names of physicians who can give statements about your condition.
Withholding of Benefits Was Unreasonable
Next, we must prove that your insurer unreasonably withheld benefits, which can be done by documenting unfair delays, inadequate investigations, and possibly even threatening correspondence.
What Constitutes Bad Faith in Nevada?
Proof of these unfair practices can help you sue for bad faith insurance in Nevada, showing that the insurance company’s conduct was beyond a reasonable denial:
- Advising claimants not to consult attorneys
- Delaying the investigation of claims
- Failing to acknowledge and respond to claims communications
- Failing to approve or deny claims within a reasonable time
- Misleading claimants about the statute of limitations
- Misrepresenting policy provisions to claimants
Being purposely non-communicative so the claimant accepts a lower payout is another improper tactic from insurers, and is also a reason to file a lawsuit in Nevada.
What Damages Can You Get When You Sue for Bad Faith?
Not only do we need to prove the damages that should have been paid out under your insurance policy, but we must also prove the additional damages you incurred because benefits were unfairly denied, delayed, or underpaid.
Contract Damages
First, we must prove the damages that should have been paid out under the claim. Give us any medical bills from your treatment. During your lawsuit, we can explain that the insurance company also reviewed these bills and medical records, yet denied payment without a valid reason. Bills will prove how much you should have received from an insurance payout for medical expenses.
Insurance should also help cover lost wages, and our attorneys can prove that such compensation was wrongly denied with medical records showing the severity of your injury and income records confirming your previous wage.
Damages from Bad Faith Acts
We can also recover damages you incurred because of the insurance company’s bad faith actions, such as legal fees and non-economic damages.. Claims being rejected can cause extreme emotional distress for victims who now have to worry about covering medical bills and other expenses, and we can use testimony to prove this.
Punitive Damages
You may also get punitive damages if our lawyers prove the insurance company also acted with fraud, malice, or oppression when unfairly denying or underpaying your claim in Nevada.
FAQs About Suing Insurance for Bad Faith in Nevada
Do You Have to Send a Demand Letter to Sue for Bad Faith?
You may not be legally required to send a demand letter to the insurance company before suing for bad faith, but our lawyers may suggest it. A demand letter may convince the insurer to increase the payout and resolve the matter without litigation, as it will state your intention to sue.
Do You Have to Report Insurance to the State to Sue for Bad Faith?
You are also not legally required to report the insurance company to the Nevada Division of Insurance before you can file a lawsuit. That said, filing a complaint with the Division of Insurance may resolve your case sooner, similar to sending a demand letter.
What Damages Can You Recover When You Sue for Bad Faith?
When you sue insurance for bad faith, you can get compensation for all the damages resulting from its conduct. That includes damages available under the insurance policy, as well as additional damages you incurred because of unreasonable action, like mental anguish or attorneys’ fees.
Call Us Today for a Free Case Assessment in Nevada
For help with your case from our Las Vegas bad faith insurance lawyers, call Mitchell Rogers Injury Law now (702) 702-2622.