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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.

Louisiana ERISA Trials

The Employment Retirement Income Security Act (ERISA) was enacted in 1974 and since then has been subject to substantial litigation. While some disputes are successfully resolved outside of court, many matters involving ERISA end up going to Louisiana ERISA trials.

Due to the complexity of this legislation, ERISA trials can be lengthy and cumbersome. An attorney who has previously litigated Louisiana ERISA trials can help guide you through the process and determine whether your claim is appropriate to pursue.

 

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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Determining Whether ERISA Applies

A preliminary issue in determining whether a matter can be pursued in a Louisiana ERISA trial is whether ERISA applies. In general, this law covers private employer-sponsored pension plans and health, life, and disability insurance. More specifically, plans must be established and/or maintained by the employer to provide benefits to plan participants or beneficiaries. If a dispute does not arise from an employer-sponsored benefit plan under these circumstances, an ERISA trial may not be an available avenue.

 

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)

Civil and Criminal Actions in Louisiana

There may be multiple allegations within a single ERISA trial. Under ERISA, plan participants and beneficiaries may bring a civil cause of action against the plan at issue.

Typical civil claims in this context involve actions to recover benefits that are owed under the plan, to enforce the terms of a plan, or to address a breach of fiduciary duty. Under ERISA, it is also unlawful for an employer to terminate or discriminate against an employee for exercising their rights under ERISA.

In addition to civil violations, criminal violations of ERISA may also result. Common criminal actions involving ERISA include embezzlement, false statements, and fraud.

Venue for ERISA Trials

The federal district courts typically have jurisdiction over ERISA claims. Generally, an ERISA action should be filed in the federal district court where the plan is administered, where the breach occurred, or where the defendant lives or can be found. There is generally no right to a jury trial for ERISA claims.

Although exhaustion of administrative remedies is generally not required prior to pursuing an ERISA matter in court, individuals may choose to seek available administrative remedies prior to going to trial, if possible.

Statute of Limitations for Claims

Most causes of action have an established statute of limitations that restricts the amount of time that a plaintiff has to file their claim. Although there is a six-year statute of limitations for claims for a breach of fiduciary duty, other claims arising out of ERISA violations do not have a clearly defined statute of limitations.

In the absence of an established statute of limitations, the court will often apply a statute of limitations for a similar cause of action at the state level. To avoid potential issues with the statute of limitations, claims should be initiated as soon as possible.

Speak with a Lawyer About Louisiana ERISA Trials

If you considering bringing a claim in an ERISA trial, a Louisiana ERISA lawyer can help. An attorney who regularly represents claimants in court to resolve disputes relating to ERISA, can help guide you through the legal system to reach a positive outcome.

A skilled practitioner can help you understand the nuances of your claim to create a thorough claim. To learn more about how a passionate attorney can help you in your ERISA trial, call today for a free consultation.

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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