Commonly Asked Questions About Suing for Long Term Disability LTD Benefits

Commonly Asked Questions About Suing for Long Term Disability LTD Benefits

Accidents and illness can happen to anyone. If you’ve been injured in an accident or suffering from illness or disease that prevents you from working, you may be entitled to long term disability benefits. If you’ve been denied LTD benefits yours or if they were wrongfully terminated, your only recourse may be to sue the insurance company.

This course of action can come with a lot of questions.

Frequently asked questions

Here are some of the questions that you may have if you feel you may be a candidate for a lawsuit:

• Who am I actually suing? You will most likely be suing the insurance company. It has happened, albeit rarely, that the insurance broker is liable and would be part of the suit.
• What am I suing for? In the case of long term disability, you will be suing to receive payment for your disability benefits. You also have the option of suing for “œmental distress,” as well as having your legal fees covered. In some rare cases, the insurance company may be liable for acting in “œbad faith.” This refers to a situation in which the insurance company has acted in a way that is malicious.
• What is the procedure? The first step is the insurance company being served with a lawsuit. A Statement of Claim which lays out the allegations. The insurance company than served with the statement of claim. The insurance company will file a statement defense. You will be required to participate in a examinations for discovery and mediation. If no agreement can be reached that is suitable for you and the insurance company, a settlement, the case will need to proceed to trial.
• Will I have to appear in court? A judge or jury will decide if your benefits should be reinstated. If the case continues this far, you would be required to appear in court, but the majority of cases are settled or mediated before they reach a courtroom.

Representation

If you find yourself in a situation in which you’re being denied the long-term benefits that you rightfully deserve, you will need to seek the advice of a reputable lawyer who can help in these types of cases. They will be able to guide you through the process, from beginning to end, explaining each step along the way.

The chances are good that you’ll be able to settle your case and receive the LTD benefits are owned to offset the financial burdens created by denial or termination of your LTD benefits. You can increase the likelihood of a positive outcome by working with a team of lawyers who are well-equipped to handle your case like the ones at Howard Yegendorf and Associates.