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August 01, 2024

| Insurance

What Damages Are Available in an Insurance Bad Faith Claim?

When an insurance company acts in bad faith towards its insured in Pennsylvania, the insured may be entitled to recover various types of damages. Under 42 Pa.C.S. § 8371, the court can award the following remedies:

  1. Interest on the Claim Amount : The court can award interest on the amount of the claim from the date the claim was made.
  2. Punitive Damages: Punitive damages are designed to punish the insurer for its bad faith conduct and to deter similar behavior in the future. These damages can be substantial, depending on the severity of the insurer’s actions.
  3. Attorney’s Fees and Costs : The court can order the insurance company to pay the insured’s attorney’s fees and other legal costs incurred.

Additionally, the insured may also pursue other types of damages through common law bad faith claims, including:

  1. Compensatory Damages : These are intended to compensate the insured for any financial losses suffered as a direct result of the insurer’s bad faith conduct. This can include the amount of the unpaid claim and any additional losses incurred due to the denial of the claim.
  2. Emotional Distress : In some cases, the insured may be able to recover damages for emotional distress caused by the insurer’s bad faith actions.
  3. Consequential Damages : These are damages that result indirectly from the insurer’s bad faith conduct. For example, if the denial of a claim caused the insured to suffer additional financial harm, such as foreclosure on a home or damage to credit, these damages may be recoverable.

In order to recover these damages, the insured must provide sufficient evidence of the insurer’s bad faith conduct and the resulting harm. It is advisable to seek legal representation to effectively pursue a bad faith claim and maximize potential recovery. An experienced Pennsylvania bad faith insurance attorney is standing by to help.

Turn to an Experienced Pennsylvania Bad Faith Insurance Attorney for the Help You Need Today

While bad faith cases are legally challenging, a successful one can help you overcome the losses you experienced as a result of the insurance company’s failure to faithfully address your original claim.

The focused Pennsylvania bad faith insurance attorneys at HGSK Injury Lawyers are committed to fiercely advocating for your case’s best possible resolution – in support of your rights and your rightful compensation. Learn more by contacting us online or calling us at 267-350-6600 and scheduling your free consultation today.