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RECOVER YOUR DENIED INSURANCE BENEFITS

LET A FORMER INSURANCE COMPANY ATTORNEY
GUIDE YOU

Long Term Disability / Life /
Accidental Death / ERISA

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 Trials in Texas

According to a report by the United States Department of Labor based on 2017 statistics, ERISA lawsuits are on the rise, including ERISA trials in Texas. Not only are they on the rise but ERISA insurance companies are being held responsible for their non-compliance with federal ERISA law.

If you received a denial letter for your ERISA claim, you may be feeling frustrated, betrayed, angry, and even uncertain about your financial future. However, you have the option of working with an experienced attorney to pursue your benefits in civil court.

 

We answer any questions
you have FREE OF CHARGE.

(866) 248-0580

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.

Why I Love Our Mission Of
Helping People Like You…

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.

FREE CASE CONSULTATION

About J. Price McNamara

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.

See How We Have Helped Others In Situations Just Like Yours.

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Lawsuits for Benefits

Under 29 CFR § 2560.503-1, ERISA lawsuits are different from other civil lawsuits in many ways. Unfortunately, they are often not policy-holder friendly. One of these differences is that they are filed in federal court. The ERISA lawsuit is initiated by the plaintiff or their attorney filing a complaint with the district court. It is well-advised for a plaintiff to have an accomplished lawyer by their side during the lawsuit process.

From there, the disability insurance company will have 20 days to file an answer. A judge is then assigned to the case and will schedule a case management meeting with attorneys for both parties. At the conference a schedule for the lawsuit will be agreed upon, this includes discovery, mediation, and a deadline for filing a Motion for Summary Judgment (MSJ).

 

Our number-one goal is getting you and your family back to financial security as soon as possible.

Contact Us Today. We Can Help You.

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Baton Rouge Office

10455 Jefferson Hwy,
Suite 2B
Baton Rouge, LA 70809
Phone: (225) 201-8311
Fax: (225) 201-8313
(By Appointment)

New Orleans Office

4141 Veterans Memorial Blvd.
Suite 212
Metairie, LA 70002
Phone: (504) 458-8455
Fax: (225) 201-8313
(By Appointment)

Houston Office

363 N Sam Houston Pkwy E
Ste 1100 PMB, #114
Houston, TX 77060
Phone: (713) 439-0339
Fax: (225) 201-8313
(By Appointment)

Texas ERISA Trials

It is important to note that in a traditional sense there is no such thing as ERISA trials in Texas. The plaintiff does not go before a jury. The legal issue at hand is not whether someone is disabled or requires certain medical care, it is whether the plaintiff provided the information needed for the insurance company to make their decision.

A federal judge does not decide whether the plaintiff is disabled. Instead, the judge will examine the entire ERISA claim file after an MSJ is filed. Essentially, this is how an ERISA case is tried.

Once the case has been filed in district court, the plaintiff can no longer add information to their file. Since the file is what the judge will use to determine the case, it is extremely important that the plaintiff and their attorney stack the file with as much information about their health and disability as possible prior to the filing. In fact, the goal should be an overabundance of information in the file.

How an Attorney Could Help with ERISA Trials in Texas

If you have recently had an ERISA claim denied, you may be confused as to what your rights are or what your next steps should be. A lawyer who is well-versed in ERISA law can answer your questions and guide you in your options.

They may even be able to assist you with the ERISA claims appeals and litigation process to help win your claim. The appeals and litigation process can often be burdensome and time-consuming. Leaving this task to an attorney can help you avoid stress and increase the chances that your claim will be awarded. To learn more about ERISA trials in Texas and your rights after an ERISA claim denial, call today.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Testimonials are not a guarantee, warranty, or prediction of the outcome of your case. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

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