Basic elements of a insurance bad faith claim

| Dec 14, 2018 | Personal Injury |

When people in Hawaii need medical care usually they have no choice but to go to the doctor or medical facility and receive the proper care. However, this can be very costly as medical care and prescriptions can be expensive. This can be especially hard for people who were injured due to the negligence of others. That is why having insurance is so important for many people. The negligent party’s insurance may pay for some or all of the costs for the medical treatment. Even when insurance does not pay for everything, the payments they make can at least make the patient’s costs manageable.

However, insurance companies are businesses and like most other businesses they are trying to make money. So, paying out insurance claims can hurt their bottom line. Therefore, they have incentive to minimize damages or try not to pay what they are required to pay. That is why there are laws in place that govern insurance companies and how they must respond to claims and make prompt payments as well.

However, sometimes the insurance companies do not follow these laws and the person may have an insurance bad faith claim against the insurance company. At a very basic level in order to be successful people must prove that they have a valid insurance claim and that the insurance company was unreasonable in not paying out the claim. Examples of an insurance company acting in bad faith could be misrepresenting facts, not investigating claims within a reasonable time, not making determinations within a reasonable time, not giving a reasonable explanation of a denial and others.

As many people in Hawaii are aware, reading insurance policies can be confusing and sometimes it is unclear if something is covered under a policy. However, in many other situations, especially if one is injured by another person, it is clear that the insurance company needs to pay the insurance claim. If they refuse to do so the insured may have an insurance bad faith claim. These cases can be complicated though and consulting with an experienced attorney can be helpful.

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Case Results

$10,000,000 – Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$10,000,000 –  Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$2,500,000 –  Medical malpractice Settlement for the family of a man who died from a reaction to the wrong drug

$2,200,000 –  Catastrophic injury Negligence leading to disabling back and neck injury

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,600,000 –  Medical Malpractice Medical negligence for a delayed diagnosis of cancer

$1,500,000 –   Whale Watch Passenger For injuries suffered to whale watch vessel passenger

$1,000,000 –  Failure To Diagnose Colon Cancer Failure to perform diagnostic tests for colon cancer by a primary care physician.

$1,000,000 –  Misdiagnosis Policy Limits For misdiagnosis of lupus of a woman that resulted in kidney failure.

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,000,000 –  Motorcycle Collision Policy Limits Automobile turned left in front of motorcycle, causing death.

$1,000,000 – Medical Malpractice Policy Limits Malpractice of a physician who delayed a diagnosis of colon cancer.

$9,500,000 – Auto Accident Client suffered back and neck injuries from a rear end collision.

$800,000 –  Medical Malpractice for an older gentleman who was not given a test for prostate cancer, resulting in undiagnosed metastasized terminal cancer.

$600,000 –  Golf Cart Collision Our client suffered serious back injuries

$500,000 –  Pedestrian Hit By Auto Underinsured Motorist Policy Our client was on the curb when a car hit her.

$443,000 –  Defective Rental Car Judgment entered by a Maui court after a nearly 3 week trial of our client who suffered a knee injury when the rental van seat was not properly attached to the floor.

$375,000 – Dram Shop (Liquor Service) Liability Our client was hit by a person, served excess alcohol.

$375,000 –  Night Club Beating Our client was illegally assaulted

$275,000 –  Slip & Fall On Premises A slip and fall case on a Chinatown sidewalk that the City has a duty to maintain, but outside a restaurant, who did regularly maintain the area. The City and restaurant were both liable.