Answers To Your Prudential Disability Questions (4)
How long will a Prudential Disability Benefit Lawsuit Take to Resolve?
All Prudential ERISA disability denials are required to be filed in Federal court as opposed to state court. The typical time frame a for a lawsuit in Federal Court is 18-24 months, but our law firms 30+ years of handling disability denials against Prudential often allows us to reach a claim resolution within 6 months of the filing of a lawsuit. The time frame for claim resolution will vary based upon the Federal court where we file your lawsuit and the specific facts of your disability claim. If you win your lawsuit, Prudential has may appeal the decision and that can add another 12-18 months of time for the appellate court to render a final decision. We make the lawsuit process as simple as possible for claimants by requiring almost no time or effort by the claimant to pursue a Prudential lawsuit. As much as we love to tear apart Prudential for an unreasonable disability claim denial, we know how to set our egos aside and our goal for every client is to try to resolve their claim in the most expedient and efficient manner possible. Upon review of your disability denial letter from Prudential we can immediately let you know if you have a claim that we can help you with. We appreciate you considering our law firm.
How Much Does Your Law Firm Charge to Handle a Prudential Disability Lawsuit?
We only handle Prudential disability benefit lawsuits on a contingency fee basis. This means that our fee is a percentage of any disability benefits that we recover on your behalf. The percentage we charge varies based upon the amount of your monthly benefit, the duration of benefits you are eligible for, and the risk level of your lawsuit. If we are not successful at recovering any disability benefits for you, then you do not owe us any attorney fees or cost for the work that we have done on your behalf. In some lawsuits the court will award attorney fees and we use the attorney fee award to reduce the contingency fee payable to our firm. More than 85% of the disability lawsuits that we have handled against Prudential have resolved in a one-time lump sum settlement. We encourage you to review some of our Prudential resolved case summaries to learn more about our experience. Most of our Prudential disability lawsuit settlements have confidentiality provisions which limit our ability to discuss specific details about the cases.
Can Your Law Firm File My Prudential Disability Lawsuit Regardless of Where I Live?
Regardless of where you live in the United States our law firm can file your lawsuit in any federal or state court. We have filed short and long term disability lawsuit in state and federal courts all over the country. The law provides a few options as to where a disability lawsuit can be filed and we will strategically pick the court which gives you the best advantage. If your claim is governed by ERISA, you will never be required to be appear in court .
When Can a Prudential Disability Lawsuit be Filed?
An ERISA lawsuit usually must be filed within either three years of your date of disability or the date of the final disability denial decision. The answer to this question depends on whether you have an ERISA governed disability policy or private insurance policy that is not governed by ERISA. If you have a Prudential disability that was provided to you as an employee benefit, then your claim is almost always governed by ERISA. An ERISA disability lawsuit cannot be filed against Prudential until you have completed your ERISA appeal. Prudential allows for a second voluntary appeal and in some cases we may want to file another appeal before filing a lawsuit. The law governing time periods to file lawsuits is known as the Statute of Limitations and it is an area of law that is regularly changing and not consistent from state to state. In a Non-ERISA disability benefit claim denial an appeal is usually not required by Prudential and most lawsuits can be filed 90 days after proof of loss is due but no later than 3 years after the date of denial. The period of time in which a lawsuit must be filed can be a complicated analysis determined by a combination of the policy language and the law of the state in which the person was denied. The best thing to do in many cases to avoid a statutory problem is to file a lawsuit as soon as reasonably possible.