Filing a Long Term Disability Lawsuit
If the insurance company denied your appeal, the next step in the process to win back your benefits is to file a lawsuit. Whether you file your lawsuit in state or federal court will typically depend on whether your Long Term Disability insurance is through your employer or you have a private Long Term Disability policy. Most insurance policies are employer-provided and filed in federal court, due to being governed by the Employee Retirement Income Security Act (ERISA).
The process of filing a Long Term Disability lawsuit is governed by specific deadlines, known as statutes of limitations. It’s crucial to understand that if you fail to file your lawsuit within the statute of limitations, your appeal process ends there. This means you could lose your opportunity to secure the Long Term Disability benefits you deserve.
Determining the statute of limitations that applies to your lawsuit can be confusing and depend on a number of factors, including the provisions of your Long Term Disability insurance policy and the laws of the state you live in. Given the importance of filing your lawsuit by the applicable deadline, it is important to consult an attorney experienced in Long Term Disability litigation.
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Here’s a general overview of what you can expect:
1. Initial Review and Preparation: If your Long Term Disability appeal was denied, your attorney will review your case thoroughly to determine the best course of action. This step includes a comprehensive analysis of your claim file, medical records, and any other supporting documentation. Your attorney will prepare the necessary legal documents to initiate the lawsuit.
2. Filing the Lawsuit: The Long Term Disability lawsuit is formally started when your attorney files a complaint with the court. This document outlines your claim and why you believe you’re entitled to benefits. The insurance company is served with this complaint and has a set amount of time to respond.
3. Discovery Process: Both sides exchange information in a process called discovery. This often involves answering written questions (interrogatories), producing documents, and giving depositions (oral statements made under oath). In most Long Term Disability lawsuits, the discovery process is very limited.
4. Motion for Summary Judgment: Often in Long Term Disability lawsuits under ERISA, both sides will file a motion for summary judgment. This is a request for the court to rule in their favor based on the evidence presented without going to trial.
5. Court Ruling or Settlement: After reviewing the motions and the administrative record, the judge will make a decision. Alternatively, the case may settle before this point. A settlement involves the insurance company agreeing to pay a certain amount to resolve the claim.
6. Appeal: If the court’s ruling is unfavorable, there may be an opportunity to appeal the decision to a higher court.
Given the complexity of Long Term Disability lawsuits, it is essential to have a skilled attorney by your side. Fields Law files more Long Term Disability lawsuits than any other law firm in the country, bringing a wealth of expertise and experience to your case.
