Let a Philadelphia Long Term Disability Insurance Litigation Lawyer Fight for Your Benefits
Incurring the time and expense of disability insurance lawsuit is never a first choice. But when your disability insurance claim is improperly denied or terminated, disability insurance litigation may be the appropriate option. The following provides an overview of the long term disability insurance litigation process.
How Long Will a Disability Insurance Lawsuit Take?
It is difficult to predict the timing of a disability insurance lawsuit. In the vast majority of cases, long-term disability lawsuits are settled prior to a final disposition by the courts, often within a year. Some cases don’t settle until the litigation process is well underway. Some cases go through the entire litigation process and are ultimately decided by a court of law.
The Long Term Disability Insurance Lawsuit Process
While every case is different, the following offers an overview of the long term disability insurance lawsuit process:
- Gathering the Facts and Collecting Evidence. To begin, we will gather as much information as we can to make our case. We will obtain and review the entire insurance company file, if available pre-suit, and all medical information germane to the case.
- Filing the Lawsuit. Next, we will prepare all necessary court documents to commence litigation, filing them in the proper jurisdiction and court, then serving them on the insurance company.
- Pre-trial Motions. We may make several pre-trial appearances in court to address various matters of law and procedure. You generally will not need to be present at these hearings.
- Conducting Discovery Examinations. In non-ERISA cases, when each side presents the other with the documentation it has requested, the lawyers will have the opportunity to question each other’s witnesses and experts under oath in both writing (interrogatories) and in person (depositions). In ERISA matters, discovery is generally limited to the administrative record. We search for holes in the insurance company’s rationale for denying or terminating your claim. On the other hand, the defense attorney(s) efforts will be focused on reaffirming the reasonableness of its decision to deny or terminate your disability claim. Though you may be required to give a deposition, you should not feel overwhelmed. We will work with you so you can be prepared and confident during your actual deposition.
- Negotiated Settlements and Mediation. As the pre-trial work progresses, we may be engaged in voluntary or mandated settlement discussions with the opposing party. The parties may also engage in pre-trial mediation — using the services of a third party mediator — to reach an amicable settlement. Settlement negotiations can proceed up until the moment the case is put into the hands of the judge or jury to decide.
- Proceeding to Trial. If pre-trial settlement efforts fail, the case will proceed to trial. This will be a bench trial in ERISA cases, wherein the presiding judge decides the prevailing party. It can take several weeks for each side to present its case and reach a final disposition.
Contact a Philadelphia Long Term Disability Insurance Litigation Attorney Today
The experienced litigation team at Seltzer & Associates has earned a national reputation for fiercely battling insurance companies and securing the disability benefits due to our clients. To learn more and for a free assessment of your case, contact our offices today by calling 888-699-4222.