Self-insurance is not uncommon for organizations that face significant liability due to the nature of their business or cause. In these situations, it may be more favorable to replace a traditional insurance policy with self-insurance. But what happens when your self-insured organization faces a lawsuit? That is where an attorney with experience in self-insurance defense in WV comes into play.
Understanding Self-Insurance Defense in WV and When You Need an Insurance Defense Lawyer
Insurance is an important tool to protect any organization. In WV, organizations have the option to self-insure, which is regulated by the Offices of the Insurance Commissioner. While self-insurance can result in long-term savings for an organization, it can also be risky when litigation arises. Securing a quality self-insurance defense in WV is critical to protect your organization’s interests and preserve your self-insurance model going forward.
Disputes Involving Self-Insurance Defense
The need for self-insurance defense counsel in WV arises when a self-insured organization finds itself on the receiving end of a lawsuit or claim following an accident. Many insurance claims are filed, paid and settled amicably without the involvement of lawyers or courts altogether. However, it is not always that simple.
When there is a dispute over what the insurance policy covers, how much it covers, or who was at fault, a lawsuit can result. West Virginia self-insurance defense attorneys have experience defending these claims and lawsuits and can prevent organizations from facing the significant liability that threatens their self-insurance program.
Self-insurance defense does not always mean going to court. Oftentimes, lawyers negotiate with the other parties and can find agreement. If no agreement can be reached out of court, cases occasionally go to trial. In those cases, a self-insurance defense attorney will present the organization’s defense in front of a jury and/or judge, who will ultimately decide the facts and resolution of the case.
Keys to Success in Self-Insurance Defense Cases
Whether you are dealing with health insurance, accident insurance, or life insurance, there is a lot on the line in self-insurance defense cases. A large claim or lawsuit can drain the organization of insurance resources, putting the entire self-insurance program at risk. A successful self-insurance defense gives organizations the best chance of walking away from the situation with a favorable outcome and the preservation of the self-insurance program.
Following an accident, there can be many parties involved in one way or another in the claim against a self-insurance plan. These could include those who were involved in the accident, witnesses and multiple insurance parties and lawyers. An effective WV self-insurance defense always starts with a thorough investigation of the facts surrounding the case. This can include collecting evidence such as:
- Accident report
- Police report
- Photographs
- Video footage
- Witness statements
- Logs and records
- Medical records
Proper evidence collection helps the attorney prepare for settlement negotiations, in which they attempt to settle the case outside of court. Experienced attorneys develop strategies for negotiating a successful outcome, including when and how to push back effectively.
A successful negotiation means your organization can avoid going to trial and walk away with an outcome that is acceptable. If negotiations are not successful, your case may go to trial where your attorney will present all of the evidence and advocate on your behalf. By presenting evidence, producing witnesses and effectively arguing your case, experienced WV self-insurance defense attorneys give your organization the best change of prevailing in your case.
Do You Need an Attorney for Self-Insurance Defense in WV?
Self-insurance defense is distinct from other types of insurance cases and requires legal knowledge, experience and perseverance. There is a lot at stake, and the future of your organization’s insurance program could be at risk. M. Andrew Brison at The Law Office of M. Andrew Brison, PLLC can help develop a successful strategy tailored to the facts involved. For help with self-insurance defense in WV, call M. Andrew Brison at 304-397-8225 or by completing his online contact form.