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.
Do you have an employer plan such as a pension, disability plan, life insurance, or retirement account? If so, you may have heard of ERISA. Also known as the Employee Retirement Income Security Act, ERISA was put into place in 1974 to help protect the assets in these plans so they are available to you if and when you need them. ERISA safeguards the money in these accounts so that it is not improperly spent, which is a common issue among certain insurance plans.
While employers are not required by law to provide any type of benefit plan for employees, when they do, these plans must meet strict standards. When the employer or plan administrator attempts to deny employees their benefits even though they clearly meet the requirements, they can face serious penalties.
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.
ERISA has several requirements that must be met by plan administrators. First, all employees must be given important information about their plans. This information must include the plan’s specific features. In addition, employees must be given information about eligibility and vesting, as well as how the plan is funded and how benefits are accrued.
In the event that the employee needs to use the plan, there must be guidelines in place on how to file a claim or appeal. Also, every plan must have at least one fiduciary, which refers to a person who takes care of the money so that it is used appropriately.
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.
Criminal violations are not as common as civil violations, which often occur as a result of benefit denials. A common civil violation is to operate the plan without benefiting participants. Some administrators, for example, operate the plan so it benefits those who run it. This is in violation of ERISA and can lead to fines.
In addition, any breach in the plan terms and guidelines would be considered a violation. If an employee follows the rules for filing a claim, for example, and the administrator claims that different rules have to be followed, even those these rules are not outlined anywhere, this would also be a violation.
An employer could also face penalties for discriminating against an employee who files a claim. Every employee needs to be treated fairly and should not face retaliation for exercising their rights to file a claim.
An employer could also face penalties for denying benefits to employees. If an employee is eligible for benefits and has met all the requirements, their claim should not be denied solely because the employer does not want to pay the benefits owed.
ERISA is supposed to protect the rights of employees. However, insurers will often go to great lengths to deny injured employees of their benefits, and sometimes ERISA refuses to step in and advocate for the employee.
Need an advocate on your side? Seek legal help from a Dallas ERISA lawyer. The Law Offices of J. Price McNamara can help you fight back if your claim has been denied. We will gather the evidence needed to win your case while protecting your interests. To schedule a free consultation, contact our office today.
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