• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About Us
    • Our Team
    • Firm Overview
    • Lawyer Referrals
    • General Referrals
    • Podcast
    • Newsletters
    • Careers
    • Communication Policy
  • Personal Injury Cases
    • Car Accidents
    • Tractor Trailer Accidents
    • Drunk Driving Car Accidents
    • Motorcycle Accidents
    • Faulty Products Causing Injury
    • Dog Bite Injuries
    • Pedestrian Accidents
    • Slip and Fall Injuries
    • Workers’ Compensation
    • Medical Malpractice
    • Wrongful Death
  • Disability Insurance Denials
  • Results
  • Reviews
  • Blog
    • Personal Injury
    • ERISA Disability
    • Workers’ Compensation
    • Medical Malpractice
    • Wrongful Death
  • Free Info
    • Free Injury and Disability Books
    • Personal Injury Settlement Calculator
    • Win Your Own Personal Injury Case
    • Personal Injury FAQ Videos
    • ERISA Long-Term Disability FAQ Videos
    • Client Portal
  • Contact
    • Book Now!

Virginia Personal Injury and Disability Lawyers

Trial Lawyers.

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube
CALL TODAY : (434) 515-2807
Free Strategy Session
Call
Contact
Blog
  • Home
  • About Us
    • Our Team
    • Firm Overview
    • Lawyer Referrals
    • General Referrals
    • Podcast
    • Newsletters
    • Careers
    • Communication Policy
  • Personal Injury Cases
    • Car Accidents
    • Tractor Trailer Accidents
    • Drunk Driving Car Accidents
    • Motorcycle Accidents
    • Faulty Products Causing Injury
    • Dog Bite Injuries
    • Pedestrian Accidents
    • Slip and Fall Injuries
    • Workers’ Compensation
    • Medical Malpractice
    • Wrongful Death
  • Disability Insurance Denials
  • Results
  • Reviews
  • Blog
    • Personal Injury
    • ERISA Disability
    • Workers’ Compensation
    • Medical Malpractice
    • Wrongful Death
  • Free Info
    • Free Injury and Disability Books
    • Personal Injury Settlement Calculator
    • Win Your Own Personal Injury Case
    • Personal Injury FAQ Videos
    • ERISA Long-Term Disability FAQ Videos
    • Client Portal
  • Contact
    • Book Now!

Could your ERISA lawsuit settle?

2 Oct 2020

A common question relates to the possibility of a settlement regarding an ERISA settlement. Let’s dive into this scenario. First, you have applied for long-term disability benefits and your claim has been denied, and you’ve gone through the whole appeal process. You’ve put all the proper things in your file, making sure everything is there for the claim administrator to review your, your claim and your application and approve it. But your claim administers still deny your claim.


Filing a Lawsuit

So what happens next? After you’ve hired a lawyer, you’ve gone through the appeal process. The only thing that you can do at this point is to file a lawsuit in the federal district court. Once you filed the lawsuit in the federal district court, a string of things will happen and several deadlines will come and go and everyone will file a cross motions for summary judgment, and the judge will get a copy of the administrative record. The administrative record will then show everything that you put in the file. Everything that the insurance company put in the file and a federal judge will decide if your claim should be reversed or should be affirmed.


Settlement Value

Usually during the time where there is this discussion going on, or sometimes, the insurance company’s attorney will reach out and offer to settle your case. Now, what is the settlement value of your case? A lot of times it’s easy to calculate what the total potential value of your claim could be. We can calculate the start date, the end date, and exactly what your monthly benefit would be. We know what the full amount of your benefit could be under that policy. Don’t expect to get the full amount of your benefit under the policy, if they’re looking to settle they’re looking to mitigate the risk that they may have and keep the claim going.

You also have to account for the risk that you could lose and if you lose, because the cards are typically stacked against you in federal district court, then you get zero, you get nothing. So what is the benefit, what is the value of your settlement? It could be anywhere from 40 to 60% of the total value of your claim. It just depends on the factors of your particular case. It may be lower than that because you may have some things in that claim file that are very detrimental to a federal district court, seeing things your way.

It could also be the opposite. It could be that you have a great chance of winning your case in federal district court and you might have a good opportunity to prevail and then your settlement percentage might be a little bit higher. It’s important to seek the advice of a qualified or ERISA disability, long term disability attorney, to make sure that you know what you are entitled to in your case.

If you have any questions about that, feel free to send us an email, give us a call. We’d love to talk to you about how you can resolve your case in your best interest.

Primary Sidebar

Download Our Free Books!

Related Blogs

  • Paying your Medical Bills After a Car Accident

    22 Dec 2022

    In Read More

  • Why was my Virginia worker’s compensation claim denied?

    20 Jul 2022

    Worker’s Read More

  • How Much UIM Will My Insurance Company Pay?

    8 Jun 2022

    Many Read More

Case Results

$940,000 in Settlements For Broken Clavicle and Torn Rotator Cuff

Personal Injury | Workers’ Compensation

View Project
Traumatic Brain injury Results In $395,000 in settlement

Personal Injury | Workers’ Compensation

View Project
$280,000 Settlement for Labral Tear after Rear-End Collision

Personal Injury

View Project

Reviews

Free Strategy Session

Footer

Free Strategy Session

Legal Awards

Client Reviews


Brandon and his team at Osterbind Law are truly peerless. This is exactly how a modern personal injury firm should operate. The firm is holistic in its approach and thoughtful. It's no wonder why they get such great results for their clients. And no surprise, their clients love them. I've had the pleasure of working with Brandon on a professional level and he levels up, big time. Kudos.
Nathaniel Amendola
3 months ago

Very compassionate and knowledgeable people who helped us with our situation. They worked quickly and I can’t tell you how grateful I’m they were so caring. I would recommend this firm to anyone that anyone
Lori Rudder
a year ago

The entire team at Osterbind Law are incredible. They communicated with us with every step and process that was happening . They provided the knowledge, support, and empathy to us on the case. And when the curve ball was thrown, they dug in deeper. I have nothing but the highest respect for Brandon and Hannah and the entire team. They made us feel more like a family, than a client.
Wendy Shull
a year ago

The staff is caring and very knowledgeable. They help you as quickly as possible, and worked very hard for us. I'm so pleased with the way they assisted us.
Meghan Rudder
a year ago

Brandon and his team did a great job helping me through my case. I'm so glad I chose him and stuck with him through the transition to his own firm. The staff is very knowledgeable and friendly. They feel like family after all this! Thank you for everything!!Amber J
Amber Higby
2 year ago
Read More ReviewsWrite a Review
  • 1216 Greenview Drive, Suite A
    Lynchburg, VA 24502
  • Email Us
  • Call Us
    (434) 515-2807

© 2023 Virginia Personal Injury and Disability Lawyers. All rights reserved.

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube
Quick Help