Dedicated Insurance Bad Faith Attorneys Serving Portland, OR

Portland is famous for many things, including its food and drink culture and its dedication to environmental sustainability. A 2022 study commissioned by ParkSleepFly found that, of the 50 most-visited cities in the United States, Portland was the most eco-friendly.

Sadly, disability is as big a problem in Portland as anywhere else. Though your long-term disability insurance policy should provide financial coverage in the event you sustain a disabling illness or injury, bad faith denials or unreasonable delays by your insurance company could present an obstacle.

Should this happen to you, a Portland insurance bad-faith lawyer will be able to provide the help you need.

Understanding Your Rights as a Long-Term Disability Insurance Policyholder

You might imagine that claiming monthly benefits on your long-term disability insurance policy after suffering a disabling illness or injury would be a straightforward process. However, there are a few requirements you must meet before your insurer will be obliged to start sending checks.

Firstly, you must visit your physician and have them confirm that your condition rises to the level of a disability. This will depend on the definition of disability your policy document sets out. Your physician must also administer the most appropriate treatment for your illness or injury before you’ll be entitled to monthly benefits.

Finally, you must wait for the elimination period (also known as a waiting period) on your policy to elapse. This is the period directly after the onset of your disabling condition during which your insurer will not pay monthly benefits. The length of elimination periods varies widely, so it’s always best to consult your own policy contract to find out how long the wait will be in your case.

If you satisfy all these conditions and your insurance company unreasonably refuses to pay out on your claim, it may be acting in bad faith.

The Role of a Portland Bad Faith Insurance Attorney

A bad faith insurance lawyer can help you to navigate every stage of a dispute, or potential dispute, with your insurance company.

Firstly, our attorneys can help you review your policy to identify your rights in relation to a potential claim. Contacting an attorney early in the claims process can help you get ahead of any potential difficulties with your insurer further down the road. At DarrasLaw, we provide initial policy analysis for free.

However, it’s not too late to contact us if you’ve already received an initial claim denial from your insurance carrier. We can look at your case, including the medical, financial, and vocational evidence related to your disability, and point out any potentially wrongful decisions by your insurance carrier.

We can also help you if your insurance company is causing unreasonable delays in the payment of your monthly disability insurance benefits, such as by repeatedly asking for various documents, or if your insurer has stopped paying benefits on an initially successful claim.

How Does Bad Faith Insurance Litigation in Portland Work?

To succeed in a Portland insurance bad faith insurance lawsuit, you must show that your insurer’s delay of your monthly benefits payments or denial of your claim was unreasonable and not in good faith. Your attorneys will need to illustrate why the delay or denial was wrongful by, for example, highlighting your insurer’s failure to properly and thoroughly investigate a claim.

If your lawsuit succeeds, you will be entitled to damages of various types. Your insurance company may have to pay you the monthly benefits you missed out on, as well as those you’ll be entitled to going forward. A judge may also order general damages for any emotional distress you’ve endured, attorney fees, and punitive damages.

Does ERISA Apply to Your Policy?

If your long-term disability insurance policy is employer-sponsored, it is most likely governed by a body of federal legislation called the definition of disability (ERISA). This legislation sets out strict rules in relation to appeals on claims denials; you must submit a mandatory administrative appeal to your insurance company, and you do not have the option to pursue bad faith insurance litigation in state or federal court.

However, you should note that there are some exceptions to the general rule that employer-sponsored policies are governed by ERISA. If you work for a government, school, or religious organization, for example, the legislation may not apply in your case. To find out for certain whether yours is an ERISA policy, it’s best to consult with your expert long-term disability attorney. Our lawyers work with both individually purchased and employer-sponsored long-term disability insurance policies, so we have you covered either way.

Getting the Representation You Need From Your Portland Insurance Bad Faith Lawyer

Suffering a disabling illness or injury is often an overwhelming experience in itself. Having to contend with a bad faith denial or unreasonable delay of your long-term disability insurance claim at the same time is too much for many people, particularly in situations where finances are tight.

Don’t let an insurance giant take advantage of you. Contact DarrasLaw today to work with a Portland insurance bad faith lawyer who will protect your interests at every stage of the dispute process. We’ll even provide a free initial policy, claim, or appeal analysis.