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Fighting a large insurance company over wrongfully denied long term care benefits alone can be a losing battle – especially for the elderly. Long term care insurance is supposed to make life easier – not harder. If you simply can’t get your insurance company to do the right thing, an attorney may be able to help.

Here’s how…

We asked Dan Thornburgh, a Florida attorney whose firm represents long term care policyholders, to explain when policyholders should contact an attorney to act on their behalf. Here’s what he told us:

The most important reason to contact a lawyer who handles these types of cases is that he or she has experience, knows what to look for and knows how to get the company to pay the claim sooner rather than later. I think you need somebody who isn’t scared to go up against some of these multi-billion dollar insurance companies and fight them until the consumer gets the relief that they’re entitled to based on the insurance contract.

No upfront costs

We asked Thornburgh whether there are any costs involved for someone to contact him to discuss their situation. Emphatically, he told us, “No, absolutely not. Anyone can come to me with questions. I don’t charge an hourly fee. I get paid on a contingency fee, so I only get paid if I am successful. Lawyers, including myself, will provide free consultation.”

Possible damages

While the types of damages vary with every lawsuit, we asked Thornburgh to provide us with information on what types of damages are possible in a long term care insurance case. He explained:

It depends on what kind of claims you bring against the insurer. You certainly want to go after the damages you suffered from the breach of the contract. However, there are other claims that you can bring against the company that will allow for attorney fees and the cost of litigation to be paid. If the conduct is really bad and you can prove a willful character of that conduct, you can get punitive damages as well.

This sort of conduct, and the nature in which these claims are being wrongfully denied, certainly creates a lot of emotional distress on the insured. So while it’s hard to prove, you can get emotional distress in Florida, and other states, where you’ve really been emotionally harmed by the conduct.

Most cases settle

Thornburgh told us that almost all long term care insurance cases, with merit, are settled out of court. He said, “The New York Times ran an article last year that tracked many of these cases brought against insurers. In almost every instance, the claim had been settled. Unfortunately, the amounts of the settlements aren’t known as they’re under confidentiality orders.”

If your long term care insurance company has denied your rightful benefits, it may have acted in bad faith and you might want to contact an attorney whose practice focuses in this area of the law. Consultations are strictly confidential, free of charge and without any obligation. To contact a qualified attorney, please click here. We may be able to help.