What is "bad faith" insurance law?		Insurance companies are legally bound by a "covenant of good faith and fair dealing" in treating their policyholders. When an insurer breaches this covenant, by unreasonably delaying or denying payments, it acts in bad faith.  When an insurance company acts in bad faith it can be sued for actual and consequential damages as well as punitive damages. This provides the insured with an avenue of  recourse against an  insurance company.
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Do the lawyers at Bidegaray Law Firm, LLP work on a contingency fee basis – if so, what does that mean?		The attorneys work on a contingency fee basis, which means that we will not charge the client an hourly fee for the lawyers time on the client's case.  We charge a fee only if and when we are successful in recovering money on behalf of our clients.  This only occurs when a verdict or settlement is reached and paid to a client.  If a settlement is not reached or the case is lost, we do not receive a fee for the attorney's time spent on the case.
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Why do attorneys at Bidegaray Law Firm, LLP work on a contingency fee basis?		The reason is simple. It enables anyone – not just the privileged or wealthy – access to the legal system. The majority of our clients cannot afford to pay the hourly fees associated with prosecuting a case, especially against a large insurance company.  Working on a contingency fee gives everyone a fighting chance against the insurance company.
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Why don’t all lawyers work on a contingency fee basis?		Many corporate lawyers and lawyers who defend insurance companies or insurers are paid by very wealthy companies.  They are paid regardless of whether they win or lose.  They charge by the hour.  Because of this, they benefit from lengthening the paper trail involved in legal actions. The longer the case drags on, the more difficult it is for a law firm working on a contingency - fee basis to sustain its cause of action against them - and the more hours the insurance lawyers are able to bill their clients.
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Can I sue my insurer for emotional distress resulting from the bad faith handling of my claim?		Possibly, in many instances, an insurance company's unreasonable denial or delay of a valid claim can result in life-altering misfortunes, such as repossession of property, refusal of needed medical care, foreclosure of a business, etc. These events naturally can have substantial emotional and/or physical repercussions, and those who suffer them are often compensated when bad faith is substantiated.
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Why should punitive damage awards be allowed?		If a person commits insurance fraud, that person might go to jail. However, insurance companies cannot go to jail when they commit fraud, they can only be punished monetarily. Thus, the only way to deter an insurance company's wrongful conduct after it has made millions or billions of dollars in annual insurance revenue is to financially punish the insurance company by taking some of its profits.  Amazingly, most punitive damage awards represent only a tiny fraction of a company's surplus.
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Does Bidegaray Law Firm, LLP accept every case?		We wish we could help everyone.  However, this is logistically impossible. In many instances, we will immediately refer a potential client to another law firm.  If we are unable to help you, we try to find a firm that can.
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Are there deadlines that can affect my taking legal action?		Statutes of limitations set the period of time in which it is permissible to file a law suit. This varies from claim to claim.  It is important to consult an attorney immediately to determine the statute of limitations applicable to your matter.
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Is the "tort reform" that politicians talk about good for the consumer?		Bidegaray Law Firm, LLP believes that tort reform is aimed at protecting corporate profits and exorbitant upper level insurance company salaries.  This is accomplished by making it harder for the common citizen to confront a powerful corporation in a courtroom. The so-called reform refers to limiting the legal remedies available to consumers when they are defrauded or otherwise taken advantage of.

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