Our past years of representing insurance companies taught us a thing or two about how they work behind the scenes. Let our experience work for you.
ERISA cases are highly unusual in that they are not tried before a jury, and in most cases the federal judge who has sole discretion over the outcome of the case is compelled by the law to give deference to the insurance company being sued. Claimants have no opportunity to speak to the judge, call or cross examine witnesses, or introduce new evidence. The only information that will be considered is that which is contained in the administrative record.
Receiving a bill should never be the first step in getting help. Our firm knows that when dealing with an ERISA, long term disability or insurance claim, what you need is answers, and we are here to provide them free of charge.
Our firm welcomes telephone calls or the opportunity to visit with you in person to answer any questions you may have. We also provide FREE comprehensive case reviews. There is no obligation to hire us as your ERISA attorney.
Too much is at stake to guess about the best approach and strategy for fighting your denied insurance claim — years and years of financial security.
After spending years representing insurance companies, we don’t guess. We know their playbook and how they work behind the scenes. Using that knowledge, we’ve developed our own Clear Advantage Process for fighting claims.
It’s personally satisfying to use what I’ve learned as an insurance company insider, now for the good — helping families reverse unfair denials of insurance benefits they paid for, need and deserve.
Price McNamara began his law practice in 1990 representing insurance companies.
In 1995, Mr. McNamara founded McNamara Law Offices, where he represents people across the U.S. who are wrongfully denied long-term disability insurance, life insurance, and accidental death insurance benefits, with special focus on ERISA claims and lawsuits.
His is a member of the Louisiana and Texas Bars, with office locations by appointment only in Baton Rouge, Metairie, and Houston. He lives in Baton Rouge, Louisiana with his wife and their three children.
“Price showed no fear. The only thing I can use to actively describe what I saw that day in court was someone standing there protecting our family and fighting for them at the same time…he took control of the situation and was truthful.”
“It was a smooth process. I didn’t have to guess about what was going to happen next…I was reassured that he was going to do the right thing. I was reassured that he was looking out for me.”
“He was ready to fight for me…I felt like he had my best interest in mind. It wasn’t just for the paycheck at the end.”
“Price worked for an insurance company in the past and now he’s working against the insurance company so it was because of that we trusted that he knew how an insurance company worked and how to fight them.”
“I feel blessed that I can help turn things around for my clients who have been denied that piece of mind of financial stability and we make sure that the insurance company and the court realize that these are actual people, these are families that are suffering greatly.”
I needed an attorney with a specific specialty and Price McNamara was definitely the right choice. His representation was based on principles that are probably unsurpassed by any other attorney in the field. McNamara represents individuals, not big-money corporations, like…
I found Mr. McNamara to be practical and efficient. He did what I needed in a reasonable amount of time, keeping me well informed and with excellent results. He communicated with me clearly and on a timely basis. I will…
I am a current client of Mr. McNamara’s. He is very accessible and responds to my emails and phone calls in a timely manner. I find him to be very professional and knowledgeable, as well as ready, willing and able…
I am an attorney. Price represented me, and in a separate suit represented my daughter, for injuries. He moved the cases at lightning speed and obtained maximum recovery. I was grateful and surprised. I would recommend Price to anyone who…
I would recommend Mr. Mcnanmara to anyone at any time. He was the best attorney that my family and I came in contact with. About three years ago we had a very tragic, accidental death in our family and the…
Price and Sara are great. They helped us in a time of need. Their communication was always spot on and I never felt out of the loop with what was going on with our case.
Price is very professional, honest, and reliable. Whatever he says, he will follow through with the utmost integrity. He will turn over every stone and pays close attention to even the smallest detail. I’m glad I secured his services.
Without going into the painful details regarding the reason for having to hire Price, his compassion and communication helped my family during an extremely difficult time. If you need legal help because you or a family member was injured by…
My client’s cause for an ERISA accidental death and dismemberment denial lawsuit began when both Esther and her husband were involved in a tragic head-on collision with an 18-wheeler. This tragic accident resulted in severe injuries to Esther, as well as David’s untimely death.
Our client, a young husband with two children, sustained closed-head brain injury as a result of an automobile accident. The at-fault driver’s insurance company initially refused to pay, but shortly before trial, agreed to pay the entirety of its insurance policy limits of $2,000,000.
Our client was a floor hand and Jones Act seaman who suffered a shoulder injury while working for Blake Offshore, LLC. Suit was filed in federal court in New Orleans. Blake and its insurance company offered relatively little in settlement, so the case proceeded to trial.
Our client sustained a fractured hip and reduced ability to earn wages in the future as a result of an accident sustained on the offshore drilling rig to which he was assigned. Suit was filed in federal court in New Orleans.
Although it may seem as though the laws are stacked against you, ERISA cases can be won with the aid of an experienced attorney. J. Price McNamara has stood up to the largest, most powerful insurance companies in the nation, representing a variety of injured employees who were denied the benefits to which they were entitled.
The following descriptions of complications that commonly arise in ERISA lawsuits are not meant to discourage you from pursuing your benefits in court. Rather, they are intended to emphasize the importance of securing skilled legal counsel if you want to even the odds against you:
Our number-one goal is getting you and your family back to financial security as soon as possible.
Complete the confidential form for a free, no obligation case evaluation and we’ll tell you how we can help.
Because ERISA law trumps state laws regarding insurance and disability claims,ERISA lawsuits must be filed in a United States District Court, which is a federal court. ERISA lawsuits filed in state courts are generally not dismissed, but rather “removed” to the appropriate federal courts. Once the suit reaches a federal judge, he or she will examine the complaint meticulously to ensure that it meets the pleading requirements established by the official plan document.
If the federal judge reviewing the case finds that the claimant has not fulfilled his or her obligation to exhaust all administrative remedies after the denial of his or her claim, as specified in the summary plan description (SPD) and including the possibility of two rounds of appeals, then the case may be dismissed with prejudice.
While ERISA allows employees to file a lawsuit after the final denial of their claims, the law does not specify which party should be named the defendant in such suits. The courts have arrived at contradictory decisions regarding this matter:
Naming the incorrect defendant can put a lawsuit in immediate jeopardy.
Although they are not successful in most cases, the defendants named in ERISA lawsuits often file a motion to dismiss for failure to state a claim on which relief may be granted. In other words, the defendant asks the court to dismiss the lawsuit on the basis that the claimant failed to present sufficient facts to indicate that he or she was entitled to legal remedy. This motion is usually rejected on the grounds that the claimant has presented sufficient facts to make a claim at least superficially plausible.
In fact, in many ERISA cases, discovery – the allowance of the plaintiff and the defendant to “discover” the evidence the other side has to present – is not permitted. Generally, any document that is part of the administrative record is allowed to be submitted into evidence and is the only evidence considered by the court. The only instance in which discovery is allowed is when there are claims of due process violations or bias on the part of the plan administrator.
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