Your Nearby Experienced Atlanta & Georgia Bad Faith Insurance Lawyers

A bad faith insurance lawyer represents victims who think their insurance company has made decisions that protect themselves while denying claims or failing to fulfill obligations a policyholder is entitled to. An insurance company that has acted in bad faith has intentionally breached its contract (the policy they issued, and the insured paid for) with the insured. While bad faith cases can be difficult to prove, cases against insurers that claim bad faith are on the rise.

If you believe your insurance company, or one that is responsible for your accident, has acted incorrectly, it’s important to understand what constitutes bad faith in the first place. Consulting with an experienced Atlanta bad faith insurance lawyer like our team at The Kalka Law Group can help you sort out what is speculative from what is possible – and determine if moving forward is in your best interest.

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What Do Georgia Bad Faith Insurance Lawyers Do?

When a claim has been denied, information has been withheld, or the value of the claim has been misrepresented by the insurance company and in contradiction to what a policy may say, our bad faith insurance lawyers can help hold that insurance company accountable. We will investigate the insurance company’s actions, assess the claim’s validity, and determine if there’s evidence of bad faith behavior.

Here’s what our bad faith insurance lawyers typically do on your behalf:

• Investigates the claim: We will thoroughly review the insurance policy, claim documentation, and any communication between the insured and the insurance company.
• Identifies bad faith practices: We will look for evidence of unreasonable claim denials, delays in claim payments, unfair settlement offers, or failure to properly investigate the claim.
• Provides legal advice: We can then explain your rights and options, including the possibility of filing a lawsuit against the insurance company.
• Negotiates with the insurance company: If appropriate, we may attempt to negotiate a fair settlement with the insurance company on your behalf.
• Represents the insured in court: If negotiations fail, our lawyers may then file a lawsuit against the insurance company and we will represent you in court.

It’s important to note that not all insurance disputes constitute bad faith. Sometimes, disagreements arise due to genuine policy interpretation issues or lack of sufficient evidence. A bad faith insurance lawyer can help you determine whether your situation involves bad faith or a more straightforward dispute.

Here’s How An Atlanta Bad Faith Insurance Lawyer Proves Your Case

Understanding how to prove bad faith is crucial for those seeking justice and compensation. These steps outline the key strategies employed by experienced attorneys to establish bad faith and hold insurance companies accountable:

• Unreasonable denial of claims: Our lawyers will work to gather evidence that shows the insurance company denied a valid claim without a reasonable basis. This might involve demonstrating that the claim clearly fell within the policy’s coverage or that the insurer failed to conduct a thorough investigation.
• Delaying claim payments: We can investigate timelines and may prove that the insurance company unreasonably delayed paying a valid claim. This could involve showing that the insurer failed to process the claim in a timely manner or that they requested unnecessary documentation.
• Failing to investigate claims fairly: Our team will review documentation and demonstrate that the insurance company failed to conduct a fair and thorough investigation of the claim. This might involve showing that the insurer ignored relevant evidence or failed to interview key witnesses.
• Offering inadequate settlement offers: The lawyer can investigate the breadth of the case, damages, injuries, loss of work, and look at similar cases to show that the insurance company made unreasonably low settlement offers.
• Misrepresenting policy terms: We will review the policy and may be able to point out that the insurance company misrepresented the terms of the policy to the insured. This might involve showing that the insurer made false or misleading statements about the policy’s coverage or exclusions.

In addition to the above, our team may also need to prove that the insurance company acted with malice or reckless disregard for the insured’s rights. This can be difficult to do, but it may be necessary to recover punitive damages. It’s important to note that proving bad faith can be challenging. Our lawyers will need to gather enough evidence to support their claims and present a compelling case to the insurance company to prove bad faith, and if that fails, evidence that will show the same during a trial or mediation.

Do Our Bad Faith Lawyers Take Cases to Mediation in Atlanta, GA?

Yes, bad faith cases in Georgia can go to mediation. In fact, mediation is often preferable as a way to resolve disputes outside of court. It can be a more efficient and cost-effective process than going to trial.

Mediation involves a neutral third-party who helps the parties reach a mutually agreeable settlement. In a bad faith case, the mediator can help the parties understand each other’s positions and explore potential solutions. While mediation is not mandatory in Georgia, it is often a good option to consider before proceeding to trial. Our team of experienced bad faith attorneys will review all the options and advise whether mediation might be a good fit for your case.

What Are Three Ways In Which An Insurer Can Be Liable For Bad Faith?

Bad faith must be proven by the party that brings the case against the insurance company. There are a few main factors that lend themselves to a good bad faith claim offensive, here are the top 3 ways that an insurer may be found liable for bad faith, if the circumstances are proven by the plaintiff in the case:

1. Unreasonable denial of claims: If an insurance company denies a valid claim without a reasonable basis, they may be liable for bad faith. This could involve denying coverage for a claim that is clearly covered under the policy or failing to conduct a thorough investigation of the claim.
2. Delaying claim payments: An insurer may be liable for bad faith if they unreasonably delay paying a valid claim. This could involve failing to process the claim in a timely manner or requesting unnecessary documentation.
3. Failing to investigate claims fairly: If an insurance company fails to conduct a fair and thorough investigation of a claim, they may be liable for bad faith. This could involve ignoring relevant evidence or failing to interview key witnesses.

It’s important to note that these are just a few examples of bad faith behavior. There are many other ways in which an insurer could be liable for bad faith. If you believe that your insurance company has acted in bad faith, you should consult with an attorney.