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.
If you are experiencing a physical or mental disability that has hindered your ability to maintain your employment with a private company, you may be counting on an ERISA (Employee Retirement Income Security Act) disability plan to make up for your lost income. Unfortunately, your ERISA insurance companies may deny your disability claim and fight to keep you from getting the benefits you need.
When this happens, you may want to consider your legal options. If you live in Louisiana, filing an ERISA disability lawsuit with the help of an experienced lawyer could make all the difference.
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.
There are many different rules, guidelines, and stipulations governing how ERISA insurance coverage is handled. In fact, as allowed by 29 U.S. Code §1202a, there have been many changes to ERISA laws since their inception in 1974.
One such change is that ERISA applicants seeking to file suit against their disability insurance carrier must file a minimum of one appeal. In some cases, a second appeal may be necessary before seeking a legal remedy to a denial. An ERISA attorney could help ensure that all the relevant requirements are fulfilled leading up to the filing of a lawsuit.
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.
Just like many other types of lawsuits, ERISA applicants only have a certain amount of time in which they may sue their ERISA carrier after a denial. If a denied applicant misses the filing deadline for a lawsuit, the court could dismiss the case simply based on the fact that the Statute of Limitations has expired.
Furthermore, determining what this deadline is can be difficult. The Statute of Limitations for an ERISA-related lawsuit is determined by individual policies, not—as is the case for many other types of lawsuits—by state law. In general, this period expires three years and 270 days after the day the filing party first became disabled. However, if their benefits were paid at one time and then withdrawn, the proverbial clock usually begins ticking from the date that the disability payments were last paid.
As opposed to other personal injury cases, ERISA lawsuits are filed in federal court instead of local or state courts. After the filing party’s lawyer files an official Complaint with the District Court, the insurance company has 20 days to file an answer, which is their defense for not owing disability payments to the plaintiff.
A qualified legal team could explain the ins and outs of the entire process and answer any questions that plaintiffs have. It should be noted, however, that potential plaintiffs may not have the right to a trial, and that no new evidence can be submitted in a filing that was not already in that plaintiff’s file when their claim was denied by the insurance carrier.
If you live in or around Louisiana, filing an ERISA disability lawsuit may be much easier when you hire an experienced attorney to help. Our experienced lawyers know the types of issues you may face when going up against an ERISA carrier in court and could help you build strategies to refute them.
On top of that, they could explain the process to you and make sure that your case meets all the deadlines and standards required. Letting our team handle your ERISA case could allow you to focus on your recovery and healing and take away stress, so call us today to find out how we could help.
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