Private Insurance & ERISA Litigation
Taking Your Disability Insurance Company, Life Insurer, or Health Plan to Court
Our lawyers practice in New York state and federal courts and have broad experience handling lawsuits challenging decisions by employee benefit plans (including disputed health insurance claims, life insurance claims and disability claims), as well as those enforcing our clients’ rights with regard to privately purchased individual life, medical and disability insurance policies. Sometimes, a lawsuit is your only choice. You may have exhausted all your appeal rights, and your insurance company or employee benefit plan has stuck by its decision to deny your request for pre-authorization or to terminate your claim for disability benefits. Or your insurance company or benefit plan may be taking an unreasonable amount of time to make a decision, and you’re wondering whether it may be time to start a lawsuit. Our lawyers are ready to help you and have brought many such lawsuits. A number of these cases have resulted in full, reported decisions (a list of some of those cases is included in our biography pages).
In many cases, however, our attorneys can settle your claim before a judge or jury is asked to render a decision. Sometimes, filing a lawsuit is enough to get your disability insurance company or health plan to pay your claim. In other cases, discovery — the process through which our lawyers enforce your right to obtain information and documents from your insurance company) — will demonstrate that your claim was mishandled, that insurance company doctors ignored or overlooked relevant medical information, or that claim representatives were biased against your claim for life, health, or disability benefits. Such facts, when revealed through discovery, may cause your insurance company to approve or settle a disputed claim. Many claims are settled or reinstated during the appeal process or the initial stages of a lawsuit, without ever going to a full trial or briefing.
Fighting your insurance company or employee benefit plan in court can seem like a daunting prospect, emotionally, physically, and financially — particularly if you are suffering from a disability or experiencing acute medical symptoms. We try to minimize the strain by giving you honest advice, keeping you informed about the developments in your lawsuit, and working out a reasonable compensation agreement. In some cases, we may be able to handle your lawsuit on contingency, meaning that we will earn our fee only if we are successful in winning your benefits. In other cases, we can request that the court force your insurance company or employee benefit plan to reimburse you for your attorneys’ fees and costs. In all cases, we will try to provide you efficient services which balance a reasonable cost to you while zealously protecting your rights.
Mark Scherzer Law :: New York Disability Claim Litigation :: ERISA and Insurance Lawyers
New York Attorneys (including New York County, Bronx County, Richmond County, Queens County, Kings County, Nassau County, Suffolk County, Westchester County, and Rockland County)