When a Florida life insurance claim is denied, families often feel blindsided and overwhelmed. Insurance companies may cite technical reasons, alleged misrepresentations, or policy exclusions to withhold benefits. If your claim has been denied, understanding the litigation timeline can help you prepare for what comes next. While every case is unique, most follow a similar path from denial to potential resolution.
Step 1: Claim Denial
The process begins with the insurer’s denial letter. This letter should state the reason for the denial, such as alleged misrepresentation on the application, lapse in coverage, or policy exclusions. Carefully review this document—it sets the stage for the dispute.
Step 2: Attorney Review and Case Evaluation
After a denial, it’s wise to consult with an attorney experienced in Florida life insurance disputes. Your lawyer will review the policy, denial letter, and any related communications to determine the strength of your case and whether litigation is necessary.
Step 3: Pre-Suit Negotiations
Many disputes can be resolved before going to court. Your attorney may submit a demand letter, provide additional evidence, or negotiate directly with the insurance company. If the insurer refuses to reverse its denial, the next step is litigation.
Step 4: Filing the Lawsuit
A lawsuit is filed in state or federal court depending on the circumstances. The complaint sets out your legal claims against the insurer, such as breach of contract or bad faith. The insurance company will then file a response, often denying liability.
Step 5: Discovery Process
Discovery is the fact-finding stage of litigation. Both sides exchange documents, take depositions, and submit interrogatories. This phase can take several months but is critical for uncovering evidence of wrongful denial.
Step 6: Mediation or Settlement Talks
Florida courts often require mediation before trial. Mediation provides an opportunity to resolve the case with the help of a neutral third party. Many life insurance disputes settle here, sparing families the stress of a full trial.
Step 7: Trial
If no settlement is reached, the case proceeds to trial. Both sides present evidence, and a judge or jury decides whether the insurer wrongfully denied benefits. Trials can take days to weeks, depending on complexity.
Step 8: Post-Trial Appeals (If Necessary)
Either side may appeal the trial court’s decision. Appeals add more time but may be necessary if legal errors occurred during trial.
Step 9: Resolution and Payment of Benefits
If you win, the court orders the insurer to pay the life insurance benefits, often with interest. In some cases, additional damages may be awarded for bad faith.
How Long Does the Process Take?
While some claims are resolved in a matter of months through negotiation, litigation can take a year or longer. The timeline depends on the complexity of the case, the insurer’s willingness to settle, and the court’s schedule.
Final Thoughts
Facing a denied life insurance claim is stressful, but knowing the litigation timeline can help you stay prepared. With an experienced Florida life insurance attorney by your side, you can navigate the process from denial to resolution and fight for the benefits your family deserves.
Have you or someone you know been denied a life insurance claim? Contact Florida Life Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
