Schott Mauss & Associates, PLLC
Helping Iowans Who Are Injured And Disabled Obtain The Benefit They Deserve

The basics of a bad faith claim

If you've been injured on the job in Iowa, then you're probably finding yourself overwhelmed. You might be struggling to ease your pain, and it might be worrisome to say the least to think that you'll no longer have an income on which to support yourself and your family. Of course, you might take relief in the fact that you might be entitled to workers' compensation benefits, but what happens when an insurance company keeps brushing you off to avoid paying out?

If this happens, you shouldn't continue to sit back and wait for the money to which you are entitled. In fact, you may be able to pursue a bad faith claim. Under the law, insurance companies are supposed to act in good faith and act reasonably when it comes to processing claims. When insurance companies act unreasonably and fail to pay benefits, then a bad faith claim may be justified.

Generally speaking, to prove a bad faith claim you have to meet two legal elements. The first is that your claim for benefits was valid despite the claim being denied. Second, you must show that the reason why the benefits are being withheld is unreasonable. This usually requires an intentional bad act on the part of the insurance company, such as misrepresenting facts, failing to explain reasons for claim denials and failing to have reasonable standards related to the investigation of claims.

Bad faith claim lawsuits can be quite challenging. It is often difficult to prove intentional wrongdoing, and insurance companies are often represented by teams of experienced and aggressive attorneys. This shouldn't frighten you into inaction, though. Instead, it should motivate you to find the help you need to fight for what you deserve.

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Schott Mauss & Associates
6611 University Ave
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Des Moines, IA 50324

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