1. West Virginia Personal Injury Attorneys: Five Issues to Avoid
When Proclaiming Compensation
Charleston Lawyers Suggestions
A duty called implied covenant of good faith and fair dealing is expected in every insurance
contract. However, if the company neglects its obligation willfully or involuntarily, the said
company is guilty of insurance bad faith. If you are in this stressful situation, you as the policy
holder can question the bad call or bring it court so that you can get what?s rightfully yours.
The insurer must perform its duties and must honor the stipulations in the contract. For
instance, if a policy holder informs the company that the insured property sustained damage;
the insurer must immediately conduct a thorough investigation. The company must exhaust
all proper means before it can come up with a conclusion. If the insurer fails to consider even
one aspect of the claiming process, the company is considered to have acted in bad faith.
Likewise when the insurer deliberately delays, abandons, or coerces during a claim
procedure, the said company is acting erroneously.
If you happen to be in this situation, the law recognizes your right to question such dubious
acts of the insurance company. It's possible to request the insurance company and its
representative to clarify why the claim was denied or why the quantity fell quick as
anticipated. He can also approach the state?s insurance regulatory agency and ask
assistance in order to shed light on the situation. The insurance regulatory agency will review
the contested claim and it can pass verdict that would benefit the insurer or the policy holder.
If the conclusion favors the insurer and the person still has doubts about it, he can now ask
legal assistance from an experienced lawyer.
The lawyer will review the policy and the documentation and correspondence regarding the
claim. Supposedly the lawyer finds possible cause, he can write a demand letter informing
that you will be entitled with this particular state.
If the company refuses to acknowledge the demand, the lawyer can now initiate a lawsuit. It
would be then up for the jury or perhaps the assess to make a decision the situation.
It is necessary that coverage holders determine what their choices are when insurance plan
poor faith surfaces. However, you need to exhaust all means before initiating a lawsuit. If you
have performed everything and the company still refuses to pay, you may ask legal aid from
an insurance lawyer so he can advise you what to do.
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In every incident, it's always predicted on the sufferer that he will request payment from your
administration or insurance policy supplier so damages is generally protected. If the injury
happened in the workplace, an employee can ask to be compensated if it is proven that the
accident was due to the company?s negligence. Meanwhile, a policy holder can also request

2. his insurance provider appropriate coverage if the accident is within the agreement. But it is
important to know that not all personal injury claim will be granted. There are times when a
claim is contested which can end in the reduction of the claim or worse total denial of
coverage. For this reason, employees and policy holders have no choice but to settle the
dispute in court.
If the claim suddenly becomes a dispute a person should right away seek legal advice from a
reliable attorney. If it is strong the lawyer can negotiate with the management or insurance
company or the lawyer can immediately initiate a lawsuit so that the victim?s right to be
compensated will be attained. At this point, the lawyer will decide what actions to make
because both have advantages and disadvantages.
Most personal injury lawyers would rather settle the dispute before it would reach the court.
For one, the cost is lesser compared to settling it in court. A victim won?t have to pay
additional cost like expert witness fees and other costs involved later on. To add, settling the
dispute would usually allow the claimant to get a fair compensation especially if the company
or insurance provider is willing to negotiate. Finally, negotiating the dispute offers immediate
course of action and usually the person will be compensated in no time.
However, a lawsuit is only applicable if the insurer or the company is unwilling to negotiate.
Lawsuit is also good if the case involve large compensation. If the victim?s case is really
strong and the amount involved is big, a lawyer would often suggest lawsuit because a judge
or jury may award the claimant addition payment to cover for the damage.