Denied Disability Claim Options

Summary

In California, the statute of limitations for insurance bad faith claims is typically 2 years for breach of contract and 4 years for written contracts. However, if you were not medically capable of filing a lawsuit, tolling may apply, potentially extending the time limit. Consulting with an attorney can provide guidance on your specific situation. For free consultations, contact the Alameda County Bar Association Lawyer Referral Service in the Bay Area.

Full Conversation

I was denied medical disability with my insurance company 7 years ago. Can I still sue them
Hi ****, to provide you with accurate information, could you please tell me which state you are in? The statute of limitations for such cases varies by state.
California
Hi ****,
In California, the statute of limitations for filing a lawsuit for insurance bad faith (such as denial of disability benefits) is typically:
- 2 years for breach of contract
- 4 years for written contracts
Your situation is beyond these time limits, so it may be challenging to pursue a lawsuit. Consulting with an attorney could provide further insight.
Even though time has passed. I was disabled and was medically capable.
Hi ****,
Even though you were medically capable, the statute of limitations in California for filing a lawsuit for insurance bad faith remains the same:
- 2 years for breach of contract
- 4 years for written contracts
Since 7 years have passed, it is likely challenging to pursue a lawsuit. Consulting with an attorney might offer more comprehensive guidance based on your specific situation.
I was not medically capable.
Hi ****,
Thank you for clarifying. In California, there are rules that can extend the statute of limitations if you were not mentally or physically capable of filing a lawsuit. This is known as "tolling" due to disability.
Consulting with an attorney who can assess your specific circumstances and the possibility of tolling would be beneficial.
Would you like information on how to contact a local attorney?
Attorney with free consultation
Hi ****,
For free consultations with attorneys in California, you can consider contacting your local bar association. They often provide referrals to attorneys who offer free initial consultations.

Los Angeles County Bar Association Lawyer Referral Service


Phone: (*) *-*
Website: www.lacba.org

This service can help connect you with an attorney who may offer a free consultation.
For bay area
Hi ****,
For the Bay Area, you can contact the following service for attorney referrals with free consultations:

Alameda County Bar Association Lawyer Referral Service


Phone: (*) *-*
Website: www.acbanet.org

They can help connect you with an attorney who may offer a free consultation.