Does ERISA Cover Your Insurance Policy?
If your insurance policy is an employer-sponsored plan, then it is very likely that the ERISA statute controls. ERISA policies may cover health insurance policies, as well as policies for long-term disability, accidental deaths, and life insurance benefits.Litigating an ERISA Case
Prior to filing a lawsuit in the federal court system, you must first exhaust all of your administrative appeal remedies with your insurance company. After you have done that, if you still have not been granted benefits, you have the opportunity to file a complaint against your insurance company in federal court and begin litigating the case there. Once the defendant insurance company is served with process, and an attorney enters an appearance on the insurance company’s behalf, the case will enter the discovery phase. This part of the case may entail both written discovery (i.e., via interrogatories and document requests), as well as oral discovery (i.e., depositions). Once discovery is complete, the insurance company may approach you with an offer to settle your claim for a specific amount of money. If the case does not settle during federal court litigation, your case will next proceed to trial in the federal court system. A skilled Texas ERISA attorney can help you decide whether you should accept an insurance company’s settlement offer or take the case to trial. It is important to recognize that taking a case to trial – especially in the federal court system – involves risks. A federal judge will be tasked with making the final decision in your ERISA case if it proceeds all the way to trial.Talk to an Experienced Texas ERISA Lawyer about Your Legal Matter Today
At J. Price McNamara ERISA Insurance Claim Attorney, our legal team can help you decide whether it is worth the risk to roll the dice at trial. To schedule a Free Denial Review and legal consultation with a knowledgeable Texas ERISA lawyer, please contact us online today.
J. Price McNamara
Attorney
Losing my own brother, then my father and sister after long, disabling illnesses just a few months apart drove a career change for me. Before that experience, I never truly understood the place you’re in. I never understood the dramatic impact that receiving (or not receiving) the disability and life insurance benefits you paid for and counted on can have on your life especially when you need to focus on family and healing. What I experienced with my own family now drives the way I view my clients and my work, and I will never forget it!
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