Can I sue an Insurance Company in Illinois for its bad acts?

Dec 1, 2023

Suing an insurance company for bad faith in Illinois, or in any jurisdiction, is a complex legal process that generally requires the expertise of an attorney specializing in insurance law or bad faith claims. Bad faith claims arise when an insurance company unreasonably denies or delays a claim, fails to adequately investigate a claim, or otherwise acts in a manner that breaches its duty to act in good faith.

Here are general steps you might consider when pursuing a bad faith claim against an insurance company in Illinois:

  1. Consult with an Attorney: Seek the advice of an experienced attorney who specializes in insurance law and bad faith claims. They can assess the details of your case, determine its merit, and guide you through the legal process.  The Attorneys at Coffman Law Offices have years of experience and success dealing with insurance law issues and suing insurance companies for bad faith.
  2. Gather Documentation: Collect all relevant documents related to your insurance claim, including your policy, correspondence with the insurance company, claim forms, denial letters, and any evidence supporting your claim.
  3. Understand the Bad Faith Standard: Familiarize yourself with the legal standards for bad faith claims in Illinois. Generally, bad faith involves the insurance company acting unreasonably, without proper cause, or with a reckless disregard for the insured’s rights.  See our upcoming Blog on Section 155 Bad Faith Claims against Insurance Companies under Illinois Law.
  4. Review Your Insurance Policy: Understand the terms and conditions of your insurance policy. Your attorney can help you identify any provisions that the insurance company may have violated.
  5. Document Damages: Clearly document the damages you have suffered as a result of the insurance company’s actions. This may include financial losses, emotional distress, and other related damages.
  6. File a Lawsuit: With the guidance of your attorney, file a lawsuit against the insurance company. Your complaint should outline the facts of the case, the specific actions of the insurance company that constitute bad faith, and the damages you are seeking.
  7. Discovery Process: During the discovery process, both parties exchange relevant information and evidence. Your attorney will gather information to strengthen your case, and the insurance company’s legal team will do the same.
  8. Negotiation or Mediation: In some cases, parties may engage in negotiations or mediation to reach a settlement before going to trial. Your attorney can advise you on whether this is a viable option in your case.
  9. Trial: If a settlement cannot be reached, your case may proceed to trial. Your attorney will present your case, and the court will make a judgment based on the evidence and arguments presented.
  10. Appeal (if necessary): Depending on the outcome, either party may have the right to appeal the court’s decision.

Remember, the process can vary based on the specifics of your case and the laws in Illinois. It is crucial to consult with an attorney who can provide personalized advice based on the details of your situation.

 


 

About Coffman Law Offices, P.C.

Coffman Law is Chicago’s leading personal injury law firm and is committed to providing superb legal representation for people who are suffering from severe personal injuries or are dealing with the loss of a loved one due to negligence or misconduct. Coffman Law is results-driven law firm focused on ensuring that clients receive the compassion, attention, and consideration that they need to seek adequate compensation for injuries or loss. The firm is led by Owner and Founding Partner Brian Coffman, who has dedicated his career to helping accident victims navigate the legal system and obtain compensation for their injuries.