If you are seeking compensation from your insurance company and you were victimized by bad faith insurance practices, you may be able to sue your insurance company for emotional distress. The stress and turmoil of the insurance company’s actions can lead to trauma and anguish. As part of an insurance bad faith action, you can request multiple types of intangible damages. You do not have to sue your insurer alone.
Our firm will listen to your version of events, describe the elements of bad faith, per Colorado law, and develop a personalized legal strategy for you. We will also accept your case on a contingency fee basis, allowing you to get started right away. A Parker personal injury lawyer from our firm can also help you prove the insurer’s actions, understand your rights, and fight for financial compensation.
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How Do Bad Faith Insurance Tactics Lead to Emotional Distress?
An accident can leave you with serious injuries, property damage, and more. When you turn to the insurance company—the at-fault party’s or your own—for coverage, you expect to be treated fairly. If you are not, it can lead to emotional distress, including:
- Anger, irritability, and irrational feelings
- Fear of overwhelming financial hardship
- Feelings of helpless or hopeless
- Sleep disturbances or interference
- Feelings of stress and frustration
If an insurance company’s unscrupulous conduct is the cause of your emotional distress, you can take legal action that holds them accountable. An attorney from our firm can help you build a strong case that identifies action or inaction that fits the legal parameters of bad faith. Those parameters include denying or delaying your claim without a reasonable basis for doing so and other evasive or undue actions.
What Actions Could Be Construed as Bad Faith Insurance Tactics?
When handling an injury claim, Colorado insurance companies are required to represent your claim and themselves in good faith. They could be financially liable for any of the following acts of bad faith, according to Colorado Judicial Branch guidelines:
- Intentionally misrepresenting all or part of a policy
- Not making a good faith effort to resolve your claim
- Unduly or unfairly delaying action on your claim
- Refusing to provide compensation when merited
While not every denied claim will constitute bad faith, if the facts of your claim include any or all of the above acts, it could be considered bad faith. If so, a Littleton car accident lawyer can help you prove it and take legal action against the insurance company.
How Can You Prove You Suffered Emotional Distress?
Emotional distress is a type of non-economic damage—one that is intangible and can be hard to prove. Your claim against the insurance company will require compelling evidence to prove the emotional distress you suffered, including:
- Medical records for any behavioral or other mental healthcare counseling and support you received
- Statements from friends, family members, and colleagues who can attest to your previous and current state of mind
- Your own written statement describing the toll the insurer’s bad faith tactics took on your life
- Employment records indicating any days you missed from work due to your emotional trauma
A lawyer can help you gather the evidence you need to substantiate this portion of your injury claim. We can also clarify the varying types of non-economic damages you can recover. Your lawyer will address the important role of evidence during your initial consultation.
What Additional Evidence Will Prove the Insurer Acted in Bad Faith?
When you pursue an insurance company for bad faith, you need strong evidence that details the actions they took and didn’t take. This portion of your case file can include:
- Written correspondence from the insurer
- Copies of your original insurance claim
- A complete copy of the insurance policy
- Voicemails and text messages
A personal injury attorney can often access evidence you might find difficult to obtain on your own, such as official reports and filings.
Is It Worth Hiring a Personal Injury Lawyer to Sue the Insurance Company?
Recovering from your initial accident and the stress and strain of bad faith insurance tactics can require considerable time and focus. When you are represented by a lawyer, they can take on the insurer while you focus on taking care of yourself. Your legal team can:
- Investigate the insurance company’s actions
- File your subsequent claim against the insurer
- Gather all necessary evidence
- Handle all case-related communication
- Negotiate a fair and appropriate settlement
In addition, if you’re wondering how your personal injury lawyer gets paid, it costs nothing upfront or out of pocket to hire a personal injury lawyer to represent you. They will accept your case on contingency, meaning they cover any and all upfront fees and expenses and are only compensated when you are.
How Long Do You Have to File a Lawsuit for Emotional Distress?
All civil lawsuits in Colorado have a state-mandated filing deadline. According to CO. Rev. Stat. § 13-80-102, you generally have two years to file your lawsuit. Failure to meet the filing deadline could mean you cannot file your lawsuit at all. Your lawsuit could also be dismissed without its merits being considered. If that happens, the insurance company could refuse to negotiate a settlement at all.
A lawyer can help you avoid these potentially costly consequences. They can accurately interpret the statute of limitations and file your lawsuit on time and with the appropriate Colorado court.
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Get Legal Support for Your Emotional Distress Claim
If your insurance company acted in bad faith while handling a valid claim, you can sue them for emotional distress as part of a large claim. Our personal injury lawyers can help you understand your rights, prove the validity of your claim, and fight back against unfair treatment.
Learn more about our law firm and how hard we work to help you get more money, faster. Contact our consultation team at Matlin Injury Law to explore your options for financial compensation.
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