What Is The Process Of Litigation For A Federal ERISA Lawsuit?
Once an ERISA complaint is filed in federal court, then the defendants need to be served with process. Process includes the complaint and a summons. Once the defendants are served with process, then the next step in the litigation is for the insurance company to file its answer.
Does A Litigation Matter Need To Be For A Certain Dollar Amount To Be In Federal Court?
Certain cases need to involve at least $75,000 and diversity of citizenship to be eligible for federal court jurisdiction. However, under ERISA, because it is a federal law, claimants have access to federal court without the necessity of proving a $75,000 threshold or diversity of citizenship.
Are Attorneys’ Fees Recoverable In An ERISA Lawsuit?
Yes, attorney fees are recoverable in an ERISA lawsuit, however typically only for attorney time which is spent after the complaint is filed in court.
Are Punitive Damages Available In An ERISA Lawsuit?
No, in the U.S. Supreme Court case of Pilot Life v. Dedeaux, the U.S. Supreme Court held that extra-contractual damages are not available in ERISA matters.
How Long Will An ERISA Lawsuit Take At The Federal Level?
You should expect an ERISA lawsuit to take approximately 18 months in federal court.
What Are The Possible Outcomes Of An ERISA Lawsuit?
If a claimant of an ERISA lawsuit holds out for a court judgment, the chances of a positive outcome are decreased. However, if the claimant is willing to negotiate a settlement with the insurance company, the chances of recovery increase.
If I Lose My ERISA Case In Court, Is There Anything Further I Can Do At That Point?
If a judgment is entered against you in federal court for an ERISA case, you have the option of appealing to the Circuit Court of Appeals.
Is It Possible To Try To Fight For Your Benefits Without An Attorney Who Has Extensive Experience And An Understanding At Every Level In The Arena Of ERISA?
Some people move forward with ERISA appeals and complaints on their own, without the assistance of an attorney, but the better-advised approach is to have the assistance of someone who has done this before. If you have the benefits of such experience, your chances of recovery will improve.
What Specifically Sets You And Your Firm Apart In Assisting Clients With Their ERISA Claims And Denials?
Our firm has an advantage over others because, in addition to being an attorney, I have experience as a registered nurse. Additionally, my extensive experience with Social Security Disability cases has prepared me with an intuitive understanding of the concept of administrative record, as well as the importance of medicolegal systems.
For more information on Litigation for a Federal ERISA Lawsuit, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (352) 577-7746 today.