Give the burden to us. Regain your peace of mind.
We’ll take it from here. Call now.

Free Case Consultation
Search

Will Your ERISA Case go to Trial? 

Will Your ERISA Case go to Trial? 

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.

We Are Here To Help You With Your Case

Contact Us Today

Complete the confidential form below for a free, no obligation case evaluation and we’ll tell you how we can help.
You may also call us at the number below.  J. Price McNamara and his legal support team are focused on building a strong case for you.

  • This field is for validation purposes and should be left unchanged.

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.

Nuvew | Copyright 2020. All Rights Reserved

Call Now Button