How to File a Lawsuit for a Denied Life Insurance Claim

Insurance companies cannot approve every claim that is filed -- some claims are fraudulent, while others do not meet underwriting guidelines. Companies also don't like to approve too many claims because it decreases revenue for the business. In the instance your insurance company wrongfully denies your claim, you may be able to seek legal action via a lawsuit. To file a suit, you will need to get as much evidence against the insurance company as possible and, ideally, seek legal representation from an attorney who specializes in insurance cases.

Instructions

• 1

  Gather all documentation you have that supports your case against the insurance company. This can include your original insurance policy, doctor and witness statements, estimates from service providers, police reports and similar data.

• 2

  Use your documentation to file a formal complaint against the insurance company with your state's attorney general's office or department of insurance. Doing this shows that you were unable to rectify the problem by talking to the insurance company and outlines why the denial wasn't justified.

• 3

  Hire a competent attorney.

• 4

  Determine what you want to get from the lawsuit. Depending on the type of insurance and the laws for your jurisdiction, you may be entitled to money for pain and suffering and legal fees, but sometimes you only can get what you would have been awarded by the insurance company.

• 5

  Have your attorney send the insurance company a formal letter indicating your intent to sue. Sometimes insurance companies will review cases more thoroughly once threatened with a lawsuit, in which case you may be able to avoid litigation.

• 6

  Go with your attorney to the court in which you want to file the suit. Generally, you should file in small-claims court, but depending on the award you're seeking and the circumstances surrounding the suit, other courts may be applicable. Typically, your attorney should ask the clerk for the forms to collect monetary compensation.

• 7

  Fill out the complaint forms with your attorney. The forms must clearly indicate a cause for action, or reason why you are bringing the suit against the insurance company. If you filed your complaint with the attorney general or department of insurance properly, your cause for action should be concise, easy to understand and well-supported.

• 8

  Put copies of your documentation together with the completed forms necessary for the type of lawsuit you want to file against the insurance company. Have your attorney give all this to the court clerk. The clerk then should provide documentation to your attorney so the attorney or the sheriff for the jurisdiction can serve the insurance company.

• 9

  Attend the formal hearing for your lawsuit with your attorney and present your evidence for your lawsuit. If the judge finds in your favor, he will issue a judgment against the company and decide what, if any, award you should get. Should a representative from the insurance company not attend the hearing, the judge may issue a default judgment in your favor.