When you purchase a disability insurance or disability income protection policy from an insurance company, your rights are controlled by the language of the policy and the laws of the state in which the policy was issued. A starting point for our law firm is to review your policy to determine the policy's terms.
Individual disability policies typically have protections that group disability plans do not have. They are not covered by the federal law known as ERISA (the Employee Retirement Income Security Act). Typically, this means that you will have a right to a jury trial if you have to file a lawsuit, rather than a trial decided solely by a judge. In many states, such as Florida, you will also be entitled to an award of attorney fees and costs if you win in court.
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