Litigating Your Disability Insurance Claim
Nationally Recognized Disability Insurance Attorneys Fighting Wrongful Denial or Termination of Insurance Benefits
Many times long term disability claims clients are rightfully angry when their benefits are terminated or denied by the insurance company. Seeing litigation as the only means of recovering income for their families, one of the most common questions clients ask is, “Can I sue the insurance company?”. Fortunately for his clients, John V. Tucker has a reputation among the insurance community for being an aggressive litigator against the disability insurance companies that fail to live up to the terms of their policies. Often, the insurers will seek an early and favorable resolution when John V. Tucker and his team of disability insurance attorneys begin to prepare an effective case to fight for the disability benefits that were wrongfully denied or terminated.
Depending on the type of insurance policy you have, disability insurance litigation will be heard in either State or Federal Courts.
- For instance, most disability insurance is covered under a federal law called ERISA. If your case falls under ERISA, you must go through the appeals process before you have the right to sue the insurance company. ERISA cases are heard in Federal Court.
- Contrary to ERISA litigation, Private or Individual Disability policies that need to be litigated are governed by state laws and are heard in State Court.
Should you have to file an ERISA disability insurance lawsuit, our skilled long term disability attorneys have extensive experience representing claimants in litigation in Federal Courts across the country. Upon a thorough evaluation of your claim, if we determine that you have a private or individual disability policy, we will file the action in the correct jurisdiction or, if necessary, we will associate local counsel in the proper jurisdiction.