Serving Residents Throughout Hidalgo County and all of Texas.
Are you looking to file a bad faith insurance claim? The experienced McAllen insurance litigation attorneys at the Law Firm of Ricardo A. Garcia will fight to protect your rights and make sure you receive the full compensation you deserve.

Table Of Contents

“Bad faith” insurance litigation is the layman’s term for a claim or lawsuit alleging an insurance company failed to treat a customer fairly and appropriately or failed to comply with Texas state law regarding how to handle a claim. There are a number of ways that an insurance company can act ‘in bad faith,’ while processing legitimate benefits claims. Some of these include:

  • Failure to promptly process a legitimate benefits claim
  • Demanding burdensome, excessive amounts of documentation from a policyholder to process a claim
  • Falsely claiming to have lost, or have never received, pertinent information
  • Falsely claiming that information was not received in a timely manner while processing a legitimate claim for insurance benefits
  • Consistently employing and utilizing medical or engineering experts who always side with the insurance company
  • Declining to conduct a thorough investigation of a claim
  • Fraudulently asserting that a legitimate claim is not covered by the policy
  • Remitting only partial benefits owed, rather than full benefits
  • Submitting a “low-ball” offer far below a reasonable value
  • Failing to comply with state laws
  • Providing any of a wide variety of improper excuses to wrongfully deny, delay or obstruct a legitimate benefits claim

If you’re being stonewalled by an insurance company regarding a legitimate claim, it can be a frustrating, hellish nightmare of a task. Our insurance litigation attorneys at the Law Firm of Ricardo A. Garcia have experience holding disreputable insurance companies accountable and winning sizable compensation packages for our clients. We would love to help you navigate the intricacies and byzantine nuances of the claim presentation and preparation processes. Our insurance litigation attorneys are experts in determining what documentation must be provided to the insurer to best protect and preserve all the policyholder’s legal rights under various types of insurance policies.We also will work in conjunction with public insurance adjusters, corporate counsel and corporate risk managers to resolve coverage disputes during claims adjustment, investigation, and insurance litigation.

Some Examples of Insurance Litigation Claims

  • Bad Faith
  • Residential Property Claims
  • Commercial Property Claims
  • Claim Presentation
  • Coverage Dispute
  • Sinkhole Claims
  • Appeals
  • Alternative Dispute Resolution
  • Business Income Loss
  • Agent Negligence

Seek the Compensation You Deserve

In the U.S., insurance companies owe a duty of “good faith and fair dealing” to every individual or organization they insure. An insurance company, therefore, is required by law to treat their customers fairly and honestly. This obligation is automatically placed upon an insurance company by law in every insurance contract and cannot be waived or amended.The law places this obligation on insurance companies because they are so large and powerful that it is not feasible for a customer to negotiate the terms of an insurance policy in a fair manner. Generally speaking, insurance companies offer only a “take it or leave it” policy, and the customer has no ability — or, at best, little ability — to negotiate the terms. Because of the disparity in bargaining power, the law places an additional requirement upon insurance companies to treat their customers fairly – and there are very serious consequences if they fail to do soIf you have been wrongfully denied benefits by a large, faceless insurance company, please reach out to our McAllen insurance litigation attorneys at the Law Firm of Ricardo A. Garcia. We have many years of experience successfully holding insurance companies accountable for their wrongdoing and winning compensation for our clients. Call us today to schedule a free consultation, and we will sit down with you, go over the details of your particular, individual case, and help you determine what is the next, best step for you and your family.

Our Mcallen Law Office Location

Mcallen Office

Address:

820 South Main St., McAllen, Texas 78501

Phone:
(956) 630-2882

Fax:
(956) 630-2882

Call

(956) 630-2882

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    Testimonials





    "Want real justice they are the ones to go. Professionalism excellence!! They really do exceed!"
    Yvonne Rodriguez




    "Awesome people to work with very prompt in return calls and getting stuff done💪💪"
    Jeffrey Pate




    "The place is beautiful and everyone is very nice! Two thumbs up!"
    Laura Perez

    Frequently Asked Questions

    When you hire a personal injury lawyer to help you get money for an injury, you’re getting someone who fights for you, deals with paperwork, and talks to insurance companies.

    Just know that insurance companies try to pay as little as possible for your injuries. Hiring a lawyer helps make sure you get the money you deserve.

    Usually, we start by trying to agree on a payment without going to court. It’s better because it’s cheaper, less stressful, and faster. Even if we do go to court, we might still settle there.

    People often ask, “How much money will I get?” It depends on a few things:

    1. We add up your bills and lost wages (that’s called economic damages).
    2. Then we increase that number depending on how bad your case is (if someone really messed up).
    3. We also think about the most money the insurance will give (like $30k/$60k in Texas).

    Since this is a common question, we’re sharing this info to help you understand better how we figure out how much you’ll get.

    After you’ve been injured in an accident, it’s crucial to seek out a Texas personal injury lawyer immediately. This is vital to safeguarding important evidence for your case.

    Understanding the statute of limitations is also essential. If you delay filing a lawsuit for personal injury, your case could be dismissed due to these time limits. Typically, you must file a claim within two years of the accident or injury, though there are exceptions.

    The statute of limitations usually begins counting from the date of the accident. For instance, if you were injured in a car crash, the two-year countdown starts from that day.

    In most cases, you can’t pause or extend the time limit. Once it’s up, you can’t make a claim anymore.Sometimes, especially with accidents involving government entities, you have even less time to act or risk forfeiting your right to seek compensation for your injuries. To ensure you’re protected and can still pursue a claim, it’s crucial to consult a personal injury lawyer as soon as possible after your accident.

    Negligence refers to failing to exercise reasonable care in a situation where a prudent person would do so. It can occur by either doing something incorrectly or by failing to act when action is necessary. For instance, not providing assistance when required could be deemed as negligence.

    In legal terms, proving negligence typically involves demonstrating several key elements:

    • Duty: Showing that the person responsible for the action owed a duty of care to the injured party.
    • Breach: Establishing that the responsible person failed to meet that duty of care.
    • Causation: Demonstrating that the breach of duty directly resulted in harm to the injured party.
    • Harm: Providing evidence that the injured party suffered actual harm or damages.
    • Proximate Cause: Establishing that the actions of the responsible party were the primary cause of the harm suffered by the injured party.

    Most personal injury cases in McAllen are typically settled before reaching trial. About 90 to 95% of these cases are resolved through negotiation or settlement agreements. However, whether your case proceeds to trial depends on several factors

    • -Severity of injuries: If your injuries are severe, such as brain or spinal cord damage, insurance companies may be more inclined to settle to avoid potentially higher payouts at trial.
    • -Strength of evidence: If you have compelling evidence that supports your claim and makes it difficult for the other party to dispute, they may choose to settle rather than risk an unfavorable outcome at trial.
    •  -Negotiation skills: Having a skilled negotiator on your side can significantly impact whether your case goes to trial. A capable attorney can often negotiate favorable settlements without the need for litigation.

    While most cases settle out of court, having a proficient legal team like ours in the Texas Rio Grande Valley ensures you’re prepared for either scenario. We have a proven track record of successfully resolving personal injury claims through negotiation and, if necessary, litigation.

    If you’re considering legal action after an accident like a car crash or getting hit by a truck, it’s crucial to have a skilled negotiator on your side. Our team of attorneys in Texas Rio Grande Valley has a successful track record of resolving personal injury claims through negotiation and, if necessary, litigation.

    Here’s What Our Clients Say





    "Want real justice they are the ones to go. Professionalism excellence!! They really do exceed!"
    Yvonne Rodriguez




    "Awesome people to work with very prompt in return calls and getting stuff done💪💪"
    Jeffrey Pate




    "The place is beautiful and everyone is very nice! Two thumbs up!"
    Laura Perez
    McAllen Injury Lawyers