If you have made or are considering making an insurance claim pursuant to the Employee Retirement Income Security Act (ERISA) or a bad faith claim, choosing the right lawyer can make a significant difference in the outcome of your case. ERISA claims and insurance disputes are complex legal matters in which having the right legal representation can be the difference between success and failure for the claim. Here are key factors to consider when selecting a lawyer to handle your ERISA or insurance claim:

1. Experience with ERISA and Insurance Bad Faith Law

ERISA is a complex federal law and ERISA claims have unique procedural requirements, including strict deadlines, and limited evidence rules. For example, if your ERISA claim for disability benefits is denied, you will generally have 180 days to submit an appeal. If you miss the appeal deadline, then file a lawsuit against the insurance company for the benefits, the insurance company will almost certainly move to have the case dismissed  for failure to exhaust administrative remedies, and you will likely lose your right to disability benefits. Choose a lawyer with specific experience handling ERISA disability claims, life insurance disputes, pension claims, health insurance claims, and accidental death and dismemberment (AD&D) cases. Verify that the attorney has a track record of successfully navigating ERISA’s administrative appeals process and litigation when necessary.

2. Knowledge of Insurance Company Tactics

Insurance companies often deny claims based on technicalities, policy exclusions, or insufficient evidence. A qualified ERISA and insurance bad faith attorney should be familiar with the strategies insurers use to deny claims and be prepared to counter them. You can gain a significant advantage in your case if your attorney understands how the insurance company and its counsel operate. For example, an attorney with experience defending claims for insurance companies who represents claimants will know how the insurance company will address any number of issues in a case. Such knowledge is a valuable asset. Robert McKennon, the managing attorney at McKennon Law Group PC, had 24 years of prior experience representing insurance companies prior to representing plaintiffs and ERISA plan participants and beneficiaries, and therefore has a deep understanding of how to deal with them.

3. Proven Success in Appeals and Litigation

ERISA requires claimants to exhaust all administrative remedies before pursuing a lawsuit; the appeals process is therefore critical. Look for an attorney who has successfully overturned claim denials at both the administrative and litigation stages. Check for settlements, verdicts, and client testimonials to assess their track record. Published court opinions, a firm’s success stories, and client reviews can provide insight into an attorney’s level of success, particularly with cases similar to yours.

4. Understanding of Medical Evidence and Expert Testimony

ERISA disability claims often hinge on the quality of medical evidence. The right lawyer should have experience working with medical experts, reviewing diagnostic reports, and presenting evidence that clearly demonstrates how the disability affects the claimant’s ability to work. For example, take an accidental death case handled by McKennon Law Group, PC. The claimant’s husband was an alcoholic who essentially needed alcohol to be able to function, so his blood alcohol level was elevated at virtually all times. In the middle of the night he got up to use the restroom then fell and hit his head. He went back to sleep. A few hours later he had a seizure. He never recovered and died in the hospital three days later. The insurance company took the position that his death was excluded from coverage based on a common exclusion found in such policies that says when a person has alcohol or another substance in his system, it is presumed that the alcohol or substance caused or contributed to the death. Because the knowledgeable lawyers at McKennon Law Group PC understood the medical evidence and the law and found a good expert to provide a report concluding that the death was not caused by the alcohol, the widow was successful in her case.

5. Clear Communication and Transparency

A good lawyer should be able to explain your legal options clearly, outline potential challenges, and keep you informed throughout the process. Look for transparency regarding fees, timelines, and case strategies during your initial consultation.

6. Familiarity with Federal Court Procedures

ERISA claims are governed by federal law and are litigated in federal court. Ensure the lawyer you choose is experienced with federal litigation and understands ERISA’s unique legal standards. If you hire a lawyer who is versed only in state law matters, you risk missing a deadline or failing to meet a requirement of the federal court and it could result in the dismissal of your case. Knowledgeable lawyers also know about the judges they appear in front of and this can be a significant help in understanding how a judge will rule.

7. Fee Structure and Costs

Understand how the attorney charges for their services. Many ERISA lawyers work on a contingency fee basis, meaning they only get paid if you win your case. Others may charge hourly or flat fees. Make sure you clarify fee agreements upfront. A prospective attorney should provide you with a draft agreement for you to review, will give you time to review it thoroughly, and will answer any questions you have about it until you have a full understanding of the terms included. Attorneys have many different types of fee agreements and some perform work on an hourly and contingency fee basis to best suit your needs.

8. Reputation and Client Testimonials

Research the attorney’s reputation within the legal community and among past clients. Look for client reviews, peer ratings, and professional recognitions that reflect the attorney’s competence and success in handling ERISA and insurance cases. On the McKennon Law Group PC website, you can find dozens of glowing review from previous clients and you will find a plethora of success stories that discuss the firm’s many successes. On this website, you will also find a biography of our attorneys and their recognitions. For example, look at the experience and professional recognitions for McKennon Law Group’s managing attorney, Robert McKennon. Compare that to any ERISA and employee benefits attorney in the country and you will find that he is at the top of the country’s legal profession.

9. Local Expertise with ERISA Claims

While ERISA is a federal law, some aspects of insurance claims can vary based on the jurisdiction, and even on the judge hearing the case. Choosing a lawyer familiar with your federal district court’s handling of ERISA cases can be advantageous. The lawyers at McKennon Law Group PC have extensive knowledge of the judges who handle ERISA matters around the United States, particularly on the West Coast.

Conclusion

Selecting the right lawyer for an ERISA or insurance bad faith claim requires careful consideration of experience, specialization, and a proven track record of success. By choosing a knowledgeable attorney who understands the intricacies of ERISA law and insurance bad faith disputes, you can ensure maximum success in your case. The lawyers at McKennon Law Group PC have all of the above and then some.