Dealing with a denied disability, life insurance, or accidental death and dismemberment claim can feel like hitting a brick wall. But you don’t have to give up there. If your ERISA claim has been delayed or denied, a San Antonio insurance claims lawyer can fight for the benefits you deserve.
ERISA Insurance Claim Attorneys has been assisting clients with ERISA claims for over 30 years. If you need help with yours, an ERISA lawyer in San Antonio can help you pursue the benefits you’re entitled to.
What Can a San Antonio ERISA Lawyer Do for Me?
If you need help with an ERISA claim, our San Antonio ERISA lawyers can assist with:
- Claim preparation:Â We can help you put together the strongest possible claim, including medical records, financial documents, and employment details.
- Administrative appeal:Â If your benefits are denied, we can handle the mandatory appeal process required under ERISA.
- Federal litigation:Â If your appeal is denied, we can file a lawsuit in federal court and fight for your rights against the insurance company.
Insurance companies have teams of lawyers on their side. We can level the playing field by standing up for you.
For a free legal consultation with an erisa lawyer serving San Antonio, call (225) 201-8311
How Much Does an ERISA Attorney Cost in San Antonio?
At ERISA Insurance Claim Attorneys, we work on a contingency fee basis, which means you don’t pay up front, and we only collect a prearranged fee if we win your case. You can discuss the particulars of this arrangement during your initial consultation.
San Antonio ERISA Lawyer Near Me (225) 201-8311
What Is the Average ERISA Settlement?
Since every case is different, there is no average ERISA settlement. The value of your claim will depend on the type of benefits you’re seeking, your policy terms, and the strength of your evidence.
For example, long-term disability benefits may pay a percentage of your salary until retirement age, which can add up to hundreds of thousands of dollars.
On the other hand, life insurance and accidental death and dismemberment (AD&D) benefits are typically based on a fixed policy amount.
An ERISA attorney in San Antonio can ensure you receive the compensation you’re entitled to.
Click to contact our San Antonio Insurance Claims Lawyers today
What Damages Are Available Under ERISA?
Unlike with some other types of claims, ERISA doesn’t allow claimants to recover emotional distress or punitive damages. Instead, damages are limited to what your specific plan provides.
Depending on your case, you may be able to recover:
- Past–due benefits:Â These are payments that should have already been made under your policy but were wrongfully delayed or denied.
- Future benefits:Â These are ongoing monthly payments you are entitled to receive under your plan for as long as you qualify.
- Attorney’s fees and court costs: In certain cases, the court may require the insurance company to cover your legal fees and expenses.
Complete a Free Case Evaluation form now
Is There a Statute of Limitations on ERISA Claims?
ERISA does not set a universal filing deadline. Instead, the statute of limitations is usually defined by your specific insurance plan information and terms. In most cases, you have one to three years to file a lawsuit in federal court after your final denial.
Before you can file suit, however, ERISA requires you to complete the administrative appeal process. The deadline to submit your appeal letter is often 180 days from the date you receive your denial letter. If you miss this step, you could lose your right to pursue the claim in court.
Since every plan has its own rules and timelines, it’s critical to contact an ERISA lawyer as soon as possible.
What Qualifies as an ERISA Claim?
Not every insurance claim falls under ERISA. These cases typically involve employer-provided benefits, including:
- Long-term disability insurance provided as part of an employee benefits package
- Life insurance benefits through an employer policy
- Accidental death and dismemberment benefits connected to employment coverage
If your benefits were provided by an employer rather than purchased individually, your claim is likely covered by ERISA.
What Is the ERISA Law in Texas?
ERISA is a federal law, so the rules are the same in Texas as they are nationwide. However, cases are heard in federal courts located in Texas, and knowing how local judges interpret ERISA law can make a difference.
Our law firm has decades of experience with these courts and understands how to win challenging ERISA cases.
What to Do if Your ERISA Claim Is Denied
If your ERISA claim gets denied, you don’t have to give up. Insurance companies often deny valid claims in hopes that policyholders won’t fight back. Here’s what you should do:
- Read your denial letter: Your denial letter will explain the reasons for the denial and set the deadline for an appeal.
- Gather evidence: Medical records, employment records, and expert opinions can strengthen your case.
- Call an ERISA lawyer: Get in touch with an experienced ERISA attorney to start building your appeal.
Get Help from an ERISA Attorney in San Antonio
ERISA Insurance Claim Attorneys has experience on both sides of the insurance industry and a personal understanding of what it feels like when benefits are denied.
If your ERISA claim has been delayed or denied, don’t wait to take action. Call today to schedule a free consultation with a San Antonio ERISA attorney who can help you secure the benefits you’re owed.
Call or text (225) 201-8311 or complete a Free Case Evaluation form