Can I sue my health insurance company?
Yes, you can — but ERISA preemption changes the rules. Here's what to know before filing suit.
You CAN sue your health insurance company, but the rules depend on what kind of plan you have. Employer-sponsored ERISA plans are governed by federal court and ERISA §502 — limited remedies (typically just the cost of the denied service, plus attorney fees if you win). Individual + Marketplace plans + fully-insured employer plans may also be subject to state insurance bad-faith law, which CAN include punitive damages.
Steps
- First — exhaust internal appeal AND external review (court won't hear you if you haven't)
- Identify whether your plan is ERISA self-funded (federal court only) or fully insured / individual (state court available)
- Calculate damages — for ERISA, usually just the cost of denied service + attorney fees
- Find an attorney who specialises in health insurance litigation (ERISA litigation is its own specialty)
- Statute of limitations is usually 3 years from final denial, but plan documents may shorten this
Frequently asked questions
Can I sue my health insurance company?
You CAN sue your health insurance company, but the rules depend on what kind of plan you have. Employer-sponsored ERISA plans are governed by federal court and ERISA §502 — limited remedies (typically just the cost of the denied service, plus attorney fees if you win). Individual + Marketplace plans + fully-insured employer plans may also be subject to state insurance bad-faith law, which CAN include punitive damages.
What are the steps?
1. First — exhaust internal appeal AND external review (court won't hear you if you haven't); 2. Identify whether your plan is ERISA self-funded (federal court only) or fully insured / individual (state court available); 3. Calculate damages — for ERISA, usually just the cost of denied service + attorney fees; 4. Find an attorney who specialises in health insurance litigation (ERISA litigation is its own specialty); 5. Statute of limitations is usually 3 years from final denial, but plan documents may shorten this
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