If your insurance policy falls within an employer-sponsored plan, the chances are good that the Employee Retirement Income Security Act of 1974 – a federal statute that was enacted by Congress – governs your plan. In some cases, insurance companies decide to deny insureds or their beneficiaries the benefits they deserve under an ERISA plan. Also, in some instances, these disputes end up settling, while at other times, the case must proceed all the way to trial.
Since ERISA is a federal law, any legal disputes that are filed pursuant to an ERISA policy must be litigated (and if necessary, tried) in the federal court system. Federal court litigation is complicated, and if your ERISA case is in federal court, it is vitally important that you have experienced legal representation by your side throughout the entire process.
The experienced ERISA lawyers at the Law Offices of J. Price McNamara are ready to assist you with litigating your ERISA case in the federal court system. If it becomes necessary to do so, we welcome the opportunity to take your case to trial. Please contact us today for more information and to schedule a free case evaluation and legal consultation.
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 the Law Offices of J. Price McNamara, our legal team can help you decide whether it is worth the risk to roll the dice at trial. To schedule a free case evaluation and legal consultation with a knowledgeable Texas ERISA lawyer, please contact us online today.
Following graduation from Loyola Law School in New Orleans in 1990, Price McNamara served as a Federal Judicial Law Clerk to the Honorable John M Shaw, Chief Judge, United States District Court Western District of Louisiana.
Mr. McNamara founded the Law Offices of J. Price McNamara, and began putting his past experience to work for the injured and disabled clients he now represents against the insurance companies in personal injury and long term disability and other insurance disputes in both federal and state courts