What Steps Are Involved in Filing an Insurance Litigation Case?
When an insurance company denies a valid claim or handles it unfairly, legal action could be your best option. Hiring a Sarasota, FL insurance litigation attorney early will mean you fully understand your rights and the path forward. What Steps Are Involved in Filing an Insurance Litigation Case? Consulting an Insurance Litigation Attorney A lawyer can help a lot, right from the beginning. Your lawyer will review your policy, the denial, and the evidence to assess if you have a strong case. They’ll explain all your legal options, handle all communications with the insurer, prevent you from saying or signing anything that harms your position, and help you decide if suing is worth the time and cost. Attempting Pre-Litigation Resolution The process really begins when your lawyer sends a demand letter to the insurer outlining the facts, any policy violations, and what you’re requesting in compensation. This letter usually also includes calculations for damages. At that point, the insurer will usually respond with a counteroffer. You may go into mediation at this point, and often this resolves things. If you can come to a settlement, you’ll save on court fees and have access to your payout more quickly. But even with a mediation, you’ll want the help of a lawyer. Your lawyer will protect you from signing any deals that aren’t in your best interests and will bring experience in negotiation to your side of the table. Filing in Sarasota, FL Court If the negotiations fail, then you’ll confirm the right court jurisdiction and file a lawsuit. Your attorney drafts the complaint, which is the formal document that starts the lawsuit, and names you as the plaintiff and the insurance company as the defendant. The complaint states the key facts of the case and specifies the relief you seek. After the court accepts the filing, the clerk issues a summons, which tells the defendant they have to respond to the lawsuit within a set period. Once the defendant files an answer to admit, deny, or raise a defense, the case moves into discovery. During this phase, both sides exchange information and evidence, and this phase can take a while. During the process, either side may file motions with the court. Going to Trial If the parties cannot settle during the discovery phase, the case proceeds to trial. The judge sets a trial date, and both sides prepare by organizing evidence, lining up witnesses, and drafting arguments. At trial, the lawyers for both sides give an opening statement and then present the evidence, call witnesses as necessary, and try to undermine the evidence of the other side. If you win, the court enters a judgment awarding the damages that were proven at trial. Either party can appeal an unfavorable decision, though your appeal has to argue that there were legal errors in the original case. Neither side can just re-try the facts a second time. Wherever you are in the process of trying to get what you’re owed from an insurance company, we can help. Contact HD Law Partners today for help in Sarasota, Tampa, Orlando, or Fort Myers, FL. Tags: blog, florida attorneys, hd law partners, insurance litigation law Posted in Insurance Litigation | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us