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CJ Henry Law Firm, PLLC

5 Dos and Don’ts to Keep in Mind With ERISA Litigation

  • Published: April 15, 2019

With long-term disability claims, it can take a while to work through the legal system, and it can be easy to grow impatient with the process. At CJ Henry Law Firm PLLC, we have extensive experience litigating ERISA claims. Below, we discuss how you can help your Ocala FL ERISA litigation attorney with your case.

5 Things to Do

1. Listen to your attorney’s advice.

Your ERISA litigation attorney always have your best interests in mind. If you have any questions, feel free to ask your attorney.

2. Keep getting treatment for your disability.

Your physician’s medical expertise is important to your case. Even if your treatment plan doesn’t change, establish a record of consistent consultations with your doctor. One way this can help your case is to prove you are in compliance with medical recommendations.

3. Be transparent with your attorney and keep them informed about everything.

There may be information you don’t think is important. Our experience allows us to determine how information can be used to your advantage. Even the information is very personal, it’s important that we know about it. Complete transparency will prevent us from being blindsided by the opposing counsel and will protect you from being accused of hiding information.

4. Try to be patient.

ERISA litigation can be a long process, but winning your case is worth the wait. There are circumstances beyond our control such as court schedules, the availability of witnesses, or other delays. Expect your case to take at least six months and possibly as long as two years to resolve. We always do our best to keep your case moving in a timely manner.

5. Be open to out-of-court resolutions.

Your insurer may offer to settle out-of-court at any time during litigation. We would not recommend a settlement if we didn’t believe it was in your best interests. The insurance company will try to pay you the least amount they can, but we can fight to help get you the best possible settlement.

5 Things Not to Do

1. Don’t attempt to contact the court or any other parties involved in the case.

This includes the insurance company, witnesses, or the opposing counsel. Many judges get angry when clients try to consult with them directly and no one wants an angry judge. As your advocates, we can relay any information on your behalf.

2. Don’t take the opposing counsel’s arguments or comments personally.

Remember, it’s the opposing counsel’s job to discredit the evidence in your claim. It can be difficult to remain calm when you’re dealing with a disability and having to justify that disability in court. Rest assured we will refute any incorrect information and challenge the opposing counsel’s claims.

3. Avoid the temptation to conduct your own research on the Internet.

Case law changes, decisions are reversed in appellate courts or differ from place to place. Our attorneys stay current about case law and are aware of changes and exceptions to the law in your area. It’s part of our job to stay informed.

4. Temper your expectations.

ERISA defines the type of damages you may claim in your lawsuit. You can ask for back benefits you are owed, interest for back benefits, payment of reasonable attorney fees and court costs, and legal order that your insurance company pays all future benefits according to your plan. You can’t get damages for pain and suffering or try to “get even” with the insurance company. We aren’t saying you should expect the lowest settlement, we’re letting you know what is and is not allowed under ERISA.

5. Don’t badmouth your insurance company publicly.

Don’t post negative comments on social media, or try to get other people to share their negative experiences. If you instigate a public shaming, you may hurt your chances of negotiating a settlement out of court. The reason companies settle out of court is to avoid publicity.

Speak to an ERISA Litigation Attorney at CJ Henry Law Firm PLLC

If you have questions about your case, speak to an Ocala FL ERISA litigation attorney at CJ Henry Law Firm PLLC today. We put our years of experience to use in helping our clients maximize their chances of winning their disability claims in court.

Claudeth Henry

Attorney Henry is a Florida disability lawyer Florida disability lawyer uniquely suited to help you
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