First Party Claims Attorneys
- Attorney Manuel Diaz
Insurance policies are supposed to provide peace of mind. You pay monthly premiums, and you expect to receive benefits when you need them. If you’ve been in an accident and are struggling to get a fair settlement offer from your insurance company or a third party’s provider, you may feel confused and wonder how to proceed. If the insurance company isn’t negotiating in good faith, contact Manuel Diaz Law Firm, PC. First-party claims experts in Dallas, TX.
We understand how insurance negotiations are supposed to work. We will help you navigate this complicated area of the law while taking the steps necessary to recover the full value of your injury claim.
What Is Bad Faith?
Because insurers are for-profit companies, they have been known to deny valid claims in an effort to increase profits. If an insurance company inexplicably declines to pay your claim after an accident or injury or refuses to properly defend and protect you from the claims of others, the company may be acting in bad faith.
In legal circles, “bad faith” implies that an insurance company has attempted to renege on its obligations by denying qualified claims on insurance coverage. Other practices that are considered acts of bad faith may be classified depending on the type of insurance claim.
An insurance company may have inauspicious responses to your claims for property, health, and other personal insurance coverage.
● Failing to properly investigate a claim
● Undue delay in processing a claim
● Offering an unusually low settlement amount
● Unreasonable denial of a valid claim
● Paying only partial benefits
Among your insurer’s obligations is to protect your policy against third-party claims (e.g., when a person sues you for personal injury or damages to his or her property due to an accident you are suspected of causing). The following are signs that they are committing bad faith practices:
● Failing to defend you against a third-party claim
● Non-payment of legal defense costs
The distinction between the third party and first-party claims impacts various important insurance coverage issues, such as the duty to defend, the applicable statutes of limitation, the duty to defend and to indemnify, notice and proof of loss, and applicable causation requirements.
Manuel Diaz Law Firm, PC is ready to take on even the largest insurers and hold them accountable for their actions.
Seeking Compensation for Bad Faith Insurance Practices
If an insurance company has acted in bad faith while handling your claim, you may be able to recover a fair settlement through a written accusation, created with the help of your first-party claim law firm. Sometimes even the mention of “bad faith” can inspire quick action on the part of the insurer.
If that doesn’t work, however, you as a policyholder are entitled to file a personal injury claim. First, your Dallas first-party claims attorney will help you recover damages for breach of contract, which can include the benefits due under the policy, as well as interest. You may also be able to recover bad faith damages, which would include economic losses, emotional distress, and legal fees. In some cases, you may even be able to secure punitive damages if there’s evidence an insurer acted in malice or fraud.
Your lawyer will know exactly what to do when the insurance company refuses to negotiate in good faith. We will work to see you receive the full value of what you are owed under the law.
Contact Manuel Diaz Law Firm, PC. First-party Claims Experts in Dallas, TX
Don’t let an insurance company take advantage of you during your most vulnerable time. Increase your odds of winning your case and securing favorable compensation by hiring one of our seasoned lawyers. For a free consultation with one of first-party claims lawyers over at Manuel Diaz Law Firm, PC, contact us by calling 555-555-5555 or filling out the online contact form at the bottom of this page.
Additional Living Expenses Claims
Commercial General Liability Losses
Commercial Property Damage
Business Interruption Claims
Defective Constructions Claims
Health Insurance Claims
Life Insurance Claims
Why Choose Manuel Diaz Law Firm For Your First Party Claims?
FIRST PARTY CLAIMS FAQ
First and foremost, ensure that everyone is safe and call for medical attention if necessary.
- Report the accident so a police officer can make an official report and investigation.
- Take the other person’s information. This includes name, address, insurance policy information, vehicle information and phone number.
- Take pictures of the accident scene and injuries (if possible). This is important to help establish responsibility of the accident and injuries.
- Never sign any documents you don’t understand. Remember insurance policies are not on your side and they will try to settle your case with the least amount possible. If they ask you to sign any documents accepting any offer, this will waive your right of getting your medical bills paid and the compensation you deserve.
- Do not admit fault if you are unsure who caused the accident. Contact us immediately at 855-900-3429. Our consultation is FREE and if we don’t win, we don’t charge you!
You should never provide a recorded statement of facts to anyone, especially the insurance companies. They will almost always use your recorded statement against you to deny liability and monetary recovery. You should always talk to your attorney prior to giving any statement to the insurance companies and have your attorney present during the recorded statement. Most importantly, don’t provide statements of fault to anyone.
As a passenger you have the right to make a claim against any negligent driver. This may be the driver of the car you were riding or the other driver. Either of those claims would be filed against the negligent driver’s auto insurance. In the event that there isn’t enough insurance to cover for your injuries or there is no coverage, you have the option to make the claim under your insurance’s Uninsured/Underinsured Motorist Coverage (UM/UIM).
We represent clients on a contingent fee agreement for personal injury matters. This means that you don’t have to pay anything upfront and our initial consultation is completely free. Attorney fees are collected only if there is a recovery in the case. If the case is won, the attorney fees will come out of the amount recovered. Most importantly, we don’t get paid if we don’t win.
As a victim of personal injury in Texas, you may be eligible to file suit for compensation to help you recover and return to your normal life. Personal injuries can be extensive, requiring substantial care, treatment and rehabilitation. Medical bills and lost wages can quickly put families in financial ruin. We’re here to make sure that doesn’t happen, and we only get paid and charge you for services at such time as you win a settlement or your case in court.
Our results-oriented Texas personal injury attorneys work to get you maximum compensation for but not limited to the following:
- Lost wages
- Lost future earning potential
- Medical expenses
- Pain and suffering
- Punitive damages
- Mental anguish
- Property damage
- Loss of companionship
- Reduced quality of life
If you have questions about what types of compensation you may be owed or deserve as a result of your accident, don’t hesitate to reach out. Our team is standing by and ready to get you the answers you need.
Personal injury cases handled in Texas are governed by the Civil Practice and Remedies Code. This Code provides guidance and rules regarding how the court will define and determine damages, liability, negligence, statutes of limitation, duties of care, recovery and more.
Personal injury laws are based on the legal doctrine of negligence, defined as a failure to act with a level of care a “reasonable” individual would have exercised had they been subject to the same set of circumstances.
Duty of care is something every Texas resident is subject to. This “duty” refers to the responsibility and duty of every member of society to act in a responsible way that does not put others at risk of harm. Further, some professionals are held to a separate (and often higher) standard of duty, such as a doctor or employer. A key component of each personal injury case is establishing and proving negligence.
Certain elements required to establish a case include:
- Determining the existence of a legal duty owed to the plaintiff (you) by the defendant (the “at fault” party)
- Proving the defendant’s breach or failure to fulfill such duty
- Establishing and proving injuries and damages
- Proving that the at fault party’s negligence resulted (at least in part) in causing your injuries.
Our personal injury lawyers are well-versed in establishing fault and proving your case. Call today for a free consultation and to learn more about our process and how we can help make sure you get the representation you deserve.
The Shared Fault Rule in Texas is a comparative negligence rule that determines proportionate responsibility. In short, each party may be responsible “in part” for the accident and subsequent damages and injuries. As such, liability for damages can be designated that are proportionate to the level of fault a party is responsible for.
This rule allows you to potentially collect compensation even if you were partially at fault for the accident. However, Texas adheres to a 51% bar rule, meaning that you are ineligible to collect damages for those injuries which you were 51% or more responsible for.
Our law firm knows what is needed to prove fault and get you maximum compensation. We gather the evidence needed to position your case and argument in the best possible light, ensuring the truth is presented in court.
Call or message today to find out how strong of a case you have against liable third parties.
Do You Need a First Party Claims Attorney?
You may wonder whether you can take on your first party claims case without help from a first party claims attorney. Though the case may seem simple on the outside, these cases can be extremely nuanced. It’s important to hire a lawyer who can aggressively represent your rights in these situations.