The process of filing a lawsuit for disability benefits is often long and complicated, especially for people that do not know much about the law. An individual will likely need the help of an attorney to get through the process successfully. A good attorney can help the involved party understand various rights under the law and represent the person in court if necessary. Here is an outline of what the process entails.
Gathering the Necessary Details
When filing a lawsuit for disability benefits, an individual must gather all the relevant information about the case. According to AGEE|CLYMER Attorneys At Law, this information includes any medical records or documentation that proves the disability and any evidence that shows how it impacts the person’s ability to work. It’s important to talk with the doctors about what kind of documentation they can provide for the case and get started collecting it immediately.
The documents also include any letters or emails from the insurance company denying the claim. Such information would play a major role in building a strong case that will likely get maximum benefits.
Beginning a Lawsuit
Once the involved individuals have gathered all the necessary information and documentation, they can begin a lawsuit. They will need to file a complaint, which is the first step of any lawsuit. This must be filed in court with the help of an attorney who routinely handles disability cases. The complaint will include the details of the disability and how it impacts the person’s ability to work, as well as any other relevant information.
The party may also need to file a motion for summary judgment if the insurance company fails to respond within 30 days. This would help determine whether or not they have enough evidence to deny the claim. If they do, the involved person can file an objection with a court order that requires them to provide more documentation regarding their decision.
Ensure to provide the insurance company with the necessary documents to try the case in a court of law. The statement of claim should include all the necessary costs, such as damages and benefits. Failure to include them at this stage means they can’t be mentioned later in the case’s course.
Bringing a Motion
After filing a lawsuit and offering the insurance company the necessary documents, the next step is bringing a motion. The step requires the court to make the necessary orders to the insurance company or individual filing the case. The court order would depend on how cooperative both parties are in providing the necessary information.
Settling the Claim
Once all the necessary documents have been gathered from both parties, the lawyers will settle. The settlement can be reached through a court ruling, mediation, or negotiation. During the lawsuit period, the involved parties will have an opportunity to discuss the best settlement possible.
Insurance companies don’t like lawsuits, so push them to reach the best settlement as soon as possible. If both parties solve the case through negotiation, they will not need to go to trial.
Every lawsuit is different, and the amount of time to resolve them will vary. If one case took a few months to settle, it doesn’t mean another will take the same period. Talking to an attorney is key to ensuring the process takes the shortest time possible.