Insurance Bad Faith Lawyer | Mitchell Rogers

When you pay your insurance premiums each month, you expect your insurance company to be there for you when you need them most. Unfortunately, insurance companies are businesses, and sometimes their bottom line takes precedence over their duty to their policyholders. This is where bad faith insurance practices come in.

At Mitchell Rogers Injury Law, our experienced bad faith insurance lawyers in Las Vegas, NV, understand the frustration and financial hardship you face when your insurance company denies or delays a legitimate claim. We are committed to fighting for your rights and holding insurance companies accountable for their bad faith actions.

What is Bad Faith Insurance?

Bad faith insurance refers to the unethical and unfair practices by insurance companies when handling claims. These practices can include denying a valid claim, delaying payment, or offering significantly less compensation than what the policyholder is entitled to. Under Nevada law, insurance companies are required to act in good faith and deal fairly with their policyholders, and if they fail to do so, they can be held legally accountable.

Types of Bad Faith Insurance Practices

Bad faith insurance occurs when an insurance company fails to act in good faith when handling your claim. Examples of bad faith insurance practices include:

Unreasonable denial of claims: One of the most common forms of bad faith is the outright denial of a legitimate claim. This can occur without a valid reason or with the use of unjustified excuses to avoid payment.
Delay in processing claims: Insurance companies may intentionally delay the processing of claims in hopes that the policyholder will give up or settle for less. Prolonged delays without a valid reason can constitute bad faith.
Underpayment of claims: Offering a settlement amount significantly lower than the actual value of the claim is another tactic used by insurance companies acting in bad faith. This forces policyholders to accept less than they deserve.
Failure to investigate: Insurance companies have a duty to investigate claims thoroughly. Failing to do so or conducting a superficial investigation can be seen as acting in bad faith.
Misrepresentation of policy terms: Misleading policyholders about the terms and coverage of their insurance policy to avoid paying claims is a deceptive practice that constitutes bad faith.
Unreasonable interpretation of policy language: Insurance companies may interpret the policy language in an unreasonable manner to deny or reduce a claim.
Engaging in unfair settlement practices: This includes tactics such as pressuring a policyholder to settle their claim quickly for a low amount or refusing to communicate with them directly.

Signs That Your Insurance Company May Be Acting in Bad Faith

Indications that your insurance company could potentially be acting in bad faith include:

Your claim has been denied for a reason that seems unreasonable or contradicts your policy language.
The insurance company has not responded to your inquiries or requests for information in a timely manner.
The insurance company’s adjuster is rude or dismissive of your concerns.
The insurance company’s settlement offer is far less than the fair value of your claim.
The insurance company is pressuring you to settle your claim quickly without giving you time to understand your rights fully.

Legal Grounds for Bad Faith Insurance Claims in Nevada

Nevada law provides several legal grounds for policyholders to pursue a bad faith insurance claim. These include:

Breach of contract: When an insurance company fails to fulfill the terms of your policy, it constitutes a breach of contract. You can sue for damages resulting from this breach.
Violation of the implied covenant of good faith and fair dealing: Every insurance contract in Nevada contains an implied covenant of good faith and fair dealing. When an insurer acts in a manner that unfairly interferes with your right to receive benefits, it violates this covenant.
Unfair claims practices: Nevada Revised Statutes (NRS) § 686A.310 outlines specific unfair claims practices that are prohibited, such as failing to acknowledge and act promptly upon communications regarding claims and not attempting in good faith to effectuate prompt, fair, and equitable settlements.

How the Bad Faith Insurance Attorneys at Mitchell Rogers Injury Law Can Help

Navigating a bad faith insurance claim can be complex and challenging. Our experienced bad faith insurance lawyers in Nevada are dedicated to guiding you through every step of the process and fighting for your rights. Here is how we can help:

Case evaluation: We offer a thorough evaluation of your case to determine if you have a valid bad faith insurance claim. Our knowledgeable team will review the details of your policy, the claim, and the insurer’s actions.
Evidence gathering: We will gather all necessary evidence to support your claim, including documentation, correspondence with the insurance company, and expert testimonies if required.
Negotiation: Our attorneys are skilled negotiators who will engage with the insurance company on your behalf to seek a fair settlement. We aim to resolve disputes efficiently and effectively, ensuring you receive the compensation you deserve.
Litigation: We are prepared to take your case to court if we cannot negotiate a fair settlement. Our attorneys have extensive trial experience and will vigorously advocate for your rights in front of a judge and jury.
Legal guidance and support: Throughout the process, we provide continuous legal guidance and support, keeping you informed of your case’s progress and answering any questions you have.

Common Types of Insurance Policies Involved in Bad Faith Claims

Bad faith insurance practices can occur with various types of insurance policies. Some common ones include:

Health insurance: Denials of medically necessary treatments, delays in processing claims, and underpayment for services can all constitute bad faith in health insurance.
Auto insurance: Bad faith practices in auto insurance can involve the denial of valid claims for accidents, delays in paying for vehicle repairs, and lowball settlement offers.
Homeowners insurance: Insurers may act in bad faith by denying claims for property damage, delaying payment for repairs, or offering inadequate compensation for losses.
Life insurance: Denial of death benefits, delays in processing claims, and misrepresentation of policy terms are common bad faith issues in life insurance.
Disability insurance: Bad faith practices in disability insurance can include denying legitimate disability claims, delaying benefits, and underpaying claimants.

Understanding Your Rights as a Policyholder

As a policyholder, it is crucial to understand your rights and the protections afforded to you under Nevada law. These rights include:

Right to Fair Treatment

Insurance companies are required to treat policyholders fairly and act in good faith. Any deviation from this can constitute bad faith.

Right to Timely Processing

Claims must be processed promptly. Unreasonable delays can be grounds for a bad faith claim.

Right to Full Compensation

You are entitled to the full compensation as outlined in your policy. Underpayment or lowball offers are unacceptable.

Right to Clear Communication

Insurers must communicate clearly and accurately about your policy terms, coverage, and claim status. Misrepresentation or withholding information is a breach of your rights.

Our bad faith insurance lawyers can ensure your rights are protected. Contact us today if you believe your insurance company has violated your policyholder rights.

Examples of Bad Faith Insurance in Nevada

Here are some real-world examples of bad faith insurance practices:

A car insurance company denies a claim for a totaled vehicle, even though the accident was clearly not the policyholder’s fault.
A homeowner’s insurance company delays payment on a claim for a fire-damaged home, leaving the homeowner unable to afford repairs.
A life insurance company denies a death benefits claim based on a technicality in the policy that the deceased could not have reasonably known about.

Steps to Take if You Suspect Bad Faith Insurance

If you suspect that your insurance company is acting in bad faith, it is important to take the following steps:

Document everything: Keep detailed records of all communications with your insurance company, including emails, letters, and phone calls. Document the timeline of your claim and any responses or actions taken by the insurer.
Review your policy: Carefully review your insurance policy to understand your coverage and the insurer’s obligations. This will help you identify any discrepancies or unfair practices.
Seek legal advice: Consult an experienced bad faith insurance attorney at Mitchell Rogers Injury Law to evaluate your case. We can provide guidance on the best course of action and represent you in your claim.
File a complaint: You can file a complaint with the Nevada Division of Insurance if you believe your insurer is acting in bad faith. This can initiate an investigation into the insurer’s practices.

Statute of Limitations for Bad Faith Insurance Claims in Nevada

In Nevada, the statute of limitations for bad faith insurance claims, set by NRS § 686A, is typically four years from the date of the alleged bad faith act. It is essential to consult with our bad faith insurance attorneys as soon as possible to ensure your claim is filed within the legal timeframe.

Damages You Can Recover in a Bad Faith Insurance Claim

In Nevada, if you successfully prove a bad faith insurance claim against your insurer, you may be entitled to recover various types of damages. These damages are intended to compensate you for the losses and suffering caused by the insurer’s wrongful conduct. Here are the types of damages you can recover:

Contractual damages: Contractual damages are the direct financial losses you suffered due to the insurer’s failure to pay the benefits owed under your insurance policy. This includes the amount you would have received if the insurance company handled your claim properly.
Consequential damages: Consequential damages are additional losses that result from the insurer’s bad faith actions. These damages go beyond the policy’s benefits and cover the broader impact of the insurer’s failure to act in good faith.
Emotional distress: Bad faith actions by an insurance company can cause significant emotional and psychological distress. In Nevada, you can seek compensation for the mental anguish and emotional suffering caused by the insurer’s misconduct.
Punitive damages: Punitive damages are awarded in cases where the insurer’s conduct was particularly egregious or malicious and are intended to punish the insurer and deter similar behavior in the future. Nevada law allows for punitive damages in bad faith insurance cases if it can be proven that the insurer acted with oppression, fraud, or malice.
Attorney’s fees and costs: In some cases, you may be able to recover the legal fees and costs associated with pursuing a bad faith insurance claim. This can include court costs, attorneys’ fees, and other expenses related to the litigation.
Interest: You may also be entitled to interest on the unpaid benefits from the date they were originally due. This compensates for the time you had to wait to receive the funds that were rightfully yours.

Bad faith insurance claims can result in substantial compensation for policyholders whom their insurers have wronged. If you believe your insurer has acted in bad faith, it is essential to consult with an experienced bad faith insurance lawyer to evaluate your case and pursue the damages you deserve. At Mitchell Rogers Injury Law, we are dedicated to fighting for your rights and ensuring that you receive the full compensation owed to you.

Why Choose Our Nevada Bad Faith Insurance Lawyers

Our firm is dedicated to protecting the rights of policyholders and holding insurance companies accountable for their actions. Here are some reasons why you should choose us to represent you:

Experience: Our bad faith insurance attorneys have extensive experience handling bad faith insurance claims and a deep understanding of Nevada insurance law.
Personalized approach: We take the time to understand your unique situation and tailor our approach to meet your needs.
Level the playing field: Insurance companies have their own teams of lawyers who are looking out for their best interests. Our experienced bad faith insurance attorneys can help level the playing field and protect your rights.
Proven track record: We have a proven track record of successfully representing clients in bad faith insurance claims and securing favorable outcomes.
Commitment to justice: We are passionate about fighting for justice and ensuring our clients receive the compensation they deserve.
No fees until we win: We operate on a contingency fee basis, meaning you do not pay any legal fees until we win your case.

Do Not Let Your Insurance Company Get Away with Bad Faith

If you believe you are a victim of bad faith insurance practices, do not hesitate to reach out to us at Mitchell Rogers Injury Law in Las Vegas. Our Nevada bad faith insurance lawyers are here to help you navigate the complexities of your claim and fight for your rights. Contact us today for a free consultation and take the first step towards securing the justice and compensation you deserve.