How Bad Faith Claim Lawyers Can Help in Florida

Insurance carriers that deny or delay claims cause serious harm to families and businesses in Florida. It’s important to work with a bad faith insurance claim lawyer who understands the laws that apply to these cases.

An experienced bad faith insurance attorney in Tampa can help you evaluate your claim and determine its actual value. They can review your insurance policy and assess whether the company acted in bad faith. If the insurance company did not act properly, then your lawyer can guide you through the steps of bad faith insurance litigation.

Areas We Serve

We are based in Tampa, but our knowledge of bad faith insurance law applies throughout the state of Florida. We frequently help clients in the following cities:

  • Clearwater
  • St. Petersburg
  • Ft. Lauderdale
  • Bradenton
  • Key West
  • Brandon
  • Orlando
  • Sarasota
  • Boca Raton
  • Lakeland
  • Naples
  • Fort Myers
  • Cape Coral
  • Miami
  • West Palm Beach
  • Jacksonville
Rated By Super Lawyers Logo
LexisNexis AV Martindale-Hubbell Peer Review Rated logo
Florida Justice Association Logo
American College of Trial Lawyers logo

Understanding Florida Bad Faith Insurance Lawsuits

A bad faith lawsuit in Florida allows you to sue your insurance company if they fail to uphold their obligations to you as a policyholder. This means they acted unreasonably in handling your claim. However, there are some aspects of these lawsuits that you should know.

Types of Bad Faith Insurance Claims

There are two main types of bad faith claims:

  • First-party:This is when your own insurance company acts in bad faith regarding your claim. Examples include denying a valid claim, unreasonably delaying a payout, or offering a much lower settlement than the claim’s worth without valid justification.
  • Third-party:This is when your insurance company fails to act in good faith regarding a claim against you (the insured) brought by a third party. For instance, they might unreasonably refuse to settle the claim within your policy limits, potentially leaving you liable for additional costs and a higher judgment.

Grounds for a Bad Faith Insurance Lawsuit

Florida’s Unfair Insurance Trade Practices Act outlines actions that can be considered bad faith by an insurer. These include:

  • Delaying or denying a claim without proper investigation
  • Failing to communicate effectively with the policyholder
  • Offering a significantly lower settlement than the claim’s value without a reasonable explanation
  • Misrepresenting facts to the policyholder to influence the settlement
  • Failing to pay out a claim promptly

Damages in Bad Faith Insurance Claim Lawsuits

You can get multiple types of damages in bad faith insurance claims lawsuits, including:

  • Compensatory Damages: These make you whole for economic financial losses by the insurer’s bad faith actions. This may include the amount your claim should have been paid initially and other out-of-pocket expenses.
  • Attorney Fees: This covers legal costs you incurred in pursuing the bad faith lawsuit.
  • Punitive Damages: This may be awarded in rare cases to punish the insurance company for egregious misconduct.

Evidence in Insurance Bad Faith Insurance Claim Cases

Evidence in Insurance Bad Faith Insurance Claim Cases

In a bad faith insurance claim case in Florida, the burden of proof lies with you, the policyholder, to demonstrate the insurance company acted unreasonably. To achieve this, you’ll need strong evidence to support your claim.

Some types of evidence that can be helpful include:

  • Policy documents
  • Claim file
  • Proof of loss
  • Financial records
  • Expert opinions
  • Witness testimony
  • Evidence of unreasonable behavior by the insurance company

Victim of Insurance Bad Faith? Call WMW Today

Contact Our Florida Civil Litigation Lawyers Today

Insurance companies often deny, delay, undervalue, and mishandle claims without a reasonable basis. In those cases, they are acting in bad faith towards their policyholders and others. If you have concerns about an insurance claim, you need to work closely with a Tampa bad faith insurance attorney.

At WMW, our bad faith claim lawyers understand Florida insurance laws, and we will use them to support your case. Our goal is to maximize your recovery while you focus on returning to normal life.

We're Available — Call Today