Damages in Insurance Bad Faith Lawsuits

We understand that if your insurance company denied your insurance claim it may have left you in a tough financial situation.  It is important that you are aware of and receive the full compensation entitled to you under the law, and our insurance lawyers will help you get the maximum compensation you deserve.

Under Pennsylvania law, depending on the case, you may be entitled to any, some, or all of the following:

  • interest at the prime rate plus 3% on the amount of the claim, starting from the date the claim was first made
  • “punitive” damages
  • attorneys’ fees and costs
  • economic losses suffered because of the insurance company’s bad faith; and/or
  • damages for emotional distress

What are “punitive” damages?

Punitive damages are special damages, over and above regular damages, that the law allows in certain cases, to punish the wrongdoer and send a strong message aimed at preventing any repetition of the bad faith conduct.

Will an insurance bad faith case be tried before a judge or a jury?

In Pennsylvania, the answer depends on the nature of the case and whether it is filed in state or federal court. Bad faith cases claiming economic loss, or damages for emotional distress, will always be tried to a jury, in both federal and state courts. Bad faith cases seeking punitive damages will be tried to a jury in federal court and a judge in state court.

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