You Have Two Years to Act When it comes to bad faith insurance lawsuits in Texas, in most cases you have two years from the date of denial to file a claim. Dave Wenholz has handled many of these cases, and you have everything to gain by involving him in your case as soon as possible. Don't delay taking the all-important first step in collecting what you are owed.
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Dave Wenholz Is Here to
Help Protect Your Rights
Austin bad faith insurance attorney Dave Wenholz understands the trouble you are facing. You've got a significant and expensive problem with your property, the people who were supposed to spring into action and help have refused, and you may have urgent needs that require paying directly out of pocket. Do yourself a favor and start exploring your options with an attorney who has helped clients in this same position collect what they are owed.
During a free consultation, Mr. Wenholz can help determine if you have a case and begin assembling the evidence needed to demonstrate that your insurance company is acting in bad faith. It all starts by reaching out to his Austin, TX, law firm. You can send a message or call directly to request your consultation:
“Fighting for the underdog is important to me. I want to be the champion on the right side of the dispute.”
Am I a Victim of Bad Faith Insurance?
Homeowners and others pay a significant amount of money every month to insure their property, so it can be frustrating on many levels when a claim is denied. But not every type of property damage is covered, and in many cases, denials are justified.
However, you may be a victim of bad faith if these three elements apply to your case:
Your insurance claim was valid. Your property damage met all the criteria for coverage outlined in your policy.
Your payout was unreasonably withheld. In spite of your valid claim, the insurance company denied your claim, underpaid on the claim, or took an unreasonable amount of time to provide coverage.
You suffered damages. Due to the unreasonable withholding of the payout on your valid claim, you suffered losses such as paying out of pocket for repairs and experiencing pain and suffering.
Examples of acts of bad faith include:
- The insurance company didn't properly investigate your claim
- They didn't investigate your claim at all.
- Your payout was significantly delayed (possibly as a means of "wearing you down" so you would stop pursuing the claim).
- The insurance company lied or withheld important information about your policy.
- You were offered less than the true value of your claim.
- You were not given a reasonable explanation for the denial, or the explanation was unreasonable.
What Can I Collect?
Types of Damages in
Bad Faith Insurance Claims
When it comes to disputes with an insurance company, there is much more at stake than the payout. Mr. Wenholz is a proud advocate for property owners in and around Austin, TX, who have been wronged by their insurance companies. As his client, you can expect that he will pursue maximum restitution on your behalf, which can include:
Contractual Damages
This refers to the amount of money you should have received if your claim had been honored in the first place.
Extracontractual Damages
In addition to interest on the payout that was delayed or denied, you may be awarded compensation for the pain and suffering that the act of bad faith caused. You may also be awarded compensation for your attorney's fees. Since Mr. Wenholz is an Austin lawyer who works on contingency, this means that you can be compensated for the percentage of your settlement or jury award he collects as payment.
Punitive Damages
In some cases, a jury may award the plaintiff punitive damages, which are intended to punish the defendant. For example, if the insurance company is found to have intentionally taken advantage of you, the jury may elect to make them pay you further damages to discourage similar wrongdoing in the future. These damages may also discourage other insurance companies from similar actions. Punitive damages can be up to three times the amount of total economic damages.
You have two years from the date of denial to file a claim in most cases. Dave Wenholz has handled many of these cases, and you have everything to gain by involving him in your case as soon as possible.