Faqs

ERISA - Disability Claims FAQs

• What is ERISA?

  ERISA stands for the Employee Retirement Income Security Act of 1974. It is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.

• What if my ERISA claim is denied?

  If your ERISA claim for benefits is denied, you have the right to appeal the decision. It’s important to follow the plan’s appeal procedures carefully. If your appeal is also denied, you may have the right to file a lawsuit in federal court.

• Does ERISA apply to all employee benefit plans in California?

  No, ERISA does not apply to all plans. It generally does not cover plans established or maintained by governmental entities, churches, or plans that are maintained solely to comply with workers’ compensation, unemployment, or disability laws.

Personal Injury FAQs

• How long do I have to file a personal injury claim in California?

  The statute of limitations (deadline) for most personal injury cases in California is two years from the date of the injury. However, there are some exceptions, so it’s crucial to consult our personal injury attorney as soon as possible.

• How much is my personal injury claim worth?

  The value of your personal injury claim depends on various factors, including the severity of the injury, medical expenses, lost income, impact on your life, and the degree of the other party’s fault. Our experienced personal injury attorney can help you assess the potential value.

• What are things to do when in an accident?

  • Make sure you and everyone in your car is safe – call 911 if necessary
  • Take photos of drivers license , registration, and insurance of other car
  • Take photos of the damage and surrounding area
  • Look for any street cameras, buildings with cameras, home cams, anything that may have captured the accident. – contact the location and see if they will provide a copy of the footage
  • Do not! Make any statements to the other drivers insurnace company

Long-Term Care - FAQs

• How long does it take to process a claim?

  The processing time can vary, but California law requires insurance companies to act promptly on claims. If your claim is denied or delayed, you have the right to appeal.

• What if my claim is denied?

  If your claim is denied, the insurance company must provide a written explanation of the reasons for the denial. You have the right to appeal the decision. Consider seeking legal advice if you believe your claim was unfairly denied.

Bad Faith Litigation FAQs

• How do I know if I have a bad faith claim?

  If your insurance company has acted unreasonably or unfairly in handling your claim, you may have a bad faith claim. It’s important to consult with our attorney experienced in insurance law to evaluate your specific situation and determine your legal options.

• How long does a bad faith lawsuit take?

  The duration of a bad faith lawsuit can vary widely depending on the complexity of the case, the willingness of both sides to negotiate, and whether the case goes to trial. Some cases can be resolved in a few months, while others may take several years.

Life Insurance Claims FAQs

• Can a life insurance company deny a claim in California?

  Yes, but only for specific reasons allowed by law. For instance, most policies have a clause excluding coverage for suicide within the first few years.

• What if my life insurance claim is denied in California?

  If your claim is denied, the insurance company must provide a written explanation outlining the reasons for the denial. You have the right to appeal the decision and may seek legal representation if necessary.

• How do I file a Life Insurance Claim?

  • Get copy of the applilcation from the insurance company
  • Provide a certified death certificate
  • If you can’t locate the life insurance policy
  • Ask employer if there was one through job
    • Check safety deposit boxes and home files
    • Ask an accountant
    • If necessary can try the national association of insurance commissions and provide all the necessary information to try and see if there are any life insurance policies