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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.

Filing an ERISA Disability Lawsuit in Louisiana

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.

 

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.

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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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ERISA Requirements to Sue

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.

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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)

Deadlines for Filing

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.

The Filing Process

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.

Call Today for Help Filing for ERISA Assistance in Louisiana

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.

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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