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Insurance Lawyer: Who Are They? What Do They Do?

Updated: August 11, 2023
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Insurance lawyers are individuals who protect their clients’ rights over the course of an insurance claim. There are many unsavory insurers and claimants, which means hiring an insurance lawyer is critical to anyone navigating the claims process.

They also handle several aspects of an insurance claim. From accident or damage reconstruction to negotiations, an insurance lawyer will ensure that their clients do not pay more or receive less than what they deserve.

What is an insurance lawyer?

An insurance lawyer practices insurance law. They provide legal advice when clients have legal questions related to an insurance claim. Insurance lawyers can also negotiate insurance settlements or litigate bad faith cases in court.

Types of claims that insurance lawyers handle include:

  • Property damage claims
  • Car accident cases
  • Health insurance benefits
  • Disability cases
  • Business liability claims
  • And more

By hiring an insurance lawyer, he or she will review the facts of your case and devise a strategy that meets your claim goals. It can be reassuring to know that someone is on your side if you decide to hire an insurance lawyer.

They generally do not take an insurance lawyer salary. Instead, they get paid on contingency fees by a percentage if they win your case.

Who needs an insurance lawyer?

You need an insurance lawyer when you need legal advice about an insurance claim. Insurance companies may offer you less than what you deserve.

While every case is unique, you may need an insurance lawyer when:

  1. Suing an insurer for insurance contract related issues
  2. Identifying a fair settlement amount in a personal injury case
  3. Forcing compliance against insurance companies in civil court
  4. Establishing if your claim was denied in bad or good faith

Receiving adequate insurance coverage is not always a straightforward process. These cases are complicated. An insurance lawyer will help you make sense of your legal options and risks when making decisions.

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What is an insurance claim?

Insurance claims are formal requests for payments under your policy. These claims will help you make repairs, receive health care, or replace personal property. An insurance claim is subject to state, federal, and local laws.

After filing a claim, you will receive approval or denial. If approved, your insurer will send you the agreed-upon amount of money. If denied, you can either accept the insurance company’s decision or fight their decision with an insurance lawyer.

Here is an article about what an insurance claim is .

Types of insurance claims

There are several types of insurance claims that you can file through your insurance companies, including home, health, car, disability, liability, and property and casualty insurers.

Home

Homeowner insurance claims are those filed by residential and commercial property owners when physical damage has occurred. Typically, insurance companies offer policies that cover property owners for fires, flooding, storm damage, and more.

Health

Health insurance claims are payment requests made to insurance companies for medical services rendered. The insurance company may allege it does not cover a specific type of treatment. Always read your policy terms and conditions for details about your coverage with medical insurance lawyers by searching for “health insurance lawyers near me.”

Car

Car insurance claims are those related to motor vehicle damage. Auto insurance laws vary on a case-by-case basis, which means you should seek guidance from auto insurance lawyers.

Some states require you to file the claim through your insurer or, if another driver was at-fault, against their policy. By searching Google for “car insurance lawyers near me” or “car insurance lawyers near me”, it will offer you a good start on the vetting process.

Disability

Disability insurance claims pay benefits to approved beneficiaries who are no longer able to work and earn a living. This cessation of work is typically caused by short- or long-term disability.

Liability

General liability insurance claims protect business owners from third-party litigation actions. These types of claims can include bodily harm, advertising claims, copyright infringement, and property damage. Business owners don’t need to have liability insurance policies, but they insulate the business from financial exposure.

Property and Casualty

Property and casualty, also called P&C, insurance claims also protect you and the various property types you own. It is an umbrella term for liability and property damage coverage.

Types of P&C policies may include:

  • Property damage insurance
  • Motor vehicle insurance
  • Condominium insurance
  • Property manager insurance
  • Renters’ insurance
  • And more

There are always coverage limits that will apply to policies. As such, it is critical to review the language policy with an insurance lawyer if you have legal questions.

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How do I file an insurance claim?

There are numerous critical steps to take when filing an insurance claim. For more severe damage cases, you could speak with an insurance lawyer to help you file a claim before a problem arises. However, it may not be necessary until you feel that the offer you received is too low.

Take these steps to file an insurance claim:

  • Step 1: Take all necessary precautions to prevent further damage or injury from occurring.
  • Step 2: Review the conditions and terms of your policy to determine that you have coverage.
  • Step 3: Maintain a file folder of your claim documents, including evidence of your losses.
  • Step 4: Contact the insurance company to file your claim within your state laws and insurance policy’s deadlines. Do not make self-incriminating statements.
  • Step 5: Receive a decision from the insurance company. If your claim is denied, take detailed notes and make copies of the denial of the claim.
  • Steps 6: Speak with an insurance lawyer if you receive a denial and do not believe it is fair.

Every state enforces laws that protect consumers during the claims process. Since insurers have an unfair advantage, they must follow the rules explicitly. If they don’t, they may be on the receiving end of a civil court complaint filed by your insurance lawyer.

Here is another article about understanding insurance claims .

What does an insurance lawyer do?

Insurance lawyers can work on behalf of insurance companies or consumers. Both types of representation are vastly different. However, they are still handling many of the same essential strategies.

An insurance lawyer performs the following activities

  • Collect and review the facts of the case
  • Identify at-fault parties and hold them accountable
  • Determine the fair value of an insurance claim
  • Research specific federal, state, and local laws
  • Handle negotiations and communications on behalf of the client
  • Represent the clients’ case in civil court if necessary
  • Provide ongoing legal advice to clients
  • And more

An insurance lawyer is the only professional that can provide advice or opinion regarding legal decisions. Try vetting different lawyers by searching “insurance lawyers near me” or “insurance claim attorney near me.”


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Should you get a lawyer for your insurance claim?

You should get a lawyer for your insurance claim if you believe that the insurance company did not pay you what you deserve or acted illegally in some way. Insurers must follow specific laws.

The most practical way to determine if you should get a lawyer for your insurance claim is by asking one directly. If an insurance lawyer can an add value to your case, he or she will let you know.

Here is an article about hiring a lawyer for an insurance claim .

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