In this Video Marc Whitehead, a Board Certified Disability Attorney, explains the four possible outcomes of an ERISA long term disability insurance Lawsuit.
When most people start to discuss the possibility of litigating their ERISA Medical Disability claim, they don’t necessarily understand how the case might work out. It’s not as simple as the traditional Win or Loss mindset. There are four different outcomes that one might face if they decide to litigate their claim.
The four possible outcomes:
1- Settlement:
Instead of going to court to fight the claim, the insurance carrier may agree to give you money. So that you’ll drop your case and consider it settled. In situations like this you can be required to turn in your insurance policy and find a new carrier. Often termed as a Buy-Out, which can be very lucrative depending on the situation.
2- Motion for Summary Judgment:
This is were one side or the other believes that the legal evidence in their case is so strong and in their favor that they will ask the judge to decide the case without it actually going to trial. Depending on the evidence this could be a good or bad thing, because once summary judgment is requested you are not allowed to add anything new to the record.
3- Bench Trial:
In an ERISA case you do not have the right to a trial by jury, but you can have to case tried in front of a judge. In these types of trials the judge will determine what has and hasn’t already been decided based on the outcome of the ERISA claim, and use the trial to determine any remaining issues.
4- New Administrative Appeal:
If the judge doesn’t think there is enough evidence for the case to be decided they have the power to send it back to the administrative appeal level so that the case can be processed over again. The idea behind this is that both sides are given more time to strengthen their case.
With all of the possible outcomes and variables it is important that your work with an experienced attorney.
Marc Whitehead and Associates is a National Law Firm helping disabled individuals in all 50 states.
