Not only do we assist our clients to prepare their insurance claims and to pursue appeals when their claims have been denied, but we also enforce our clients' rights in court.  Sometimes, there is no other choice.  You may have exhausted all your appeal rights, and your insurance company or employee benefit plan has stuck by its decision to deny or terminate your claim.  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.

 

We have broad experience representing our clients in New York state and federal courts.  We have handled lawsuits challenging decisions by employee benefit plans (including disputed medical claims and disability claims), as well as those enforcing our clients' rights with regard to privately purchased inidivdual life, medical and disability insurance policies.  Some of these cases have resulted in full, reported decisions (a list of some of those cases is included in our biography pages:  Mark Scherzer Biographical Information, A. Christopher Wieber Biographical Information).  In many cases, however, the dispute is settled before a judge or jury is asked to render a decision.  Sometimes filing a lawsuit is enough to break the logjam, or the process of discovery (in which the parties are required to disclose information and documents in their possession) reveals facts which make the insurance company willing to approve or settle a disputed claim.  Many such claims are settled or reinstated 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.  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.