FAQs

How long will a lawsuit take?

Unfortunately, lawsuits take time. Courts are very busy, judges are very busy, and most courts are handling thousands of lawsuits at any given time. The general life-span of a case is between 9 months to a year. Sometimes they can last longer. We will use every available tool at our disposal to put pressure on the insurance companies early on to encourage prompt resolution. In some cases, we are able to resolve claims within the first 60 days, and sometimes without having to file a lawsuit. We prepare every case as if it were going to trial, which encourages swift resolution.

How much do you charge?

Our fee for our services is always contingent fee, meaning a percentage of what we recover. That means we only get paid if we win. You never write us checks, we only write you checks.

Our goal is to recover enough to make you whole after the fees are paid. We use every tool the law provides to maximize your potential recovery.

We will give you our advice but only you make the decision to settle your case.

Will hiring a lawyer cost me anything?

No. Because we take the case on a contingent fee, we advance all expenses for the case: experts, filing fees, depositions, etc. If we are unsuccessful, you do not owe those costs. You will however be expected to devout the time necessary to help us build your case.

Does your firm handle non-insurance cases?

Yes. Although we focus on insurance disputes, our professional staff of attorneys and paralegals are equipped to handle most any legal issue. Bob Green has tried over 70 cases to verdict, and is board certified in personal injury. Hunter Klein has handled personal injury claims, debt collections, breach of contract, and other non-insurance related matters. Our passion is representing people when they need help. We offer free consultations on any legal matter, and if we can’t help you we will help you find a lawyer who can.

Where does your firm primarily practice?

Our principal office is Houston, Texas. Our primary focus is on cases in Texas, Colorado, and Florida. Bob Green is licensed to practice in Texas and Colorado. Hunter Klein is licensed to practice in Texas and Florida. John Wood is licensed to practice in Texas and New York. Both Bob and Hunter are admitted in numerous federal district courts. While we focus on Texas, Florida, and Colorado we have successfully handled cases in numerous other states. If your case is somewhere other than Texas, Colorado, or Florida, call us. We have a network of lawyers we know and trust all over the United States and will frequently work with local lawyers to jointly represent clients in other states.

How long do I have to decide to file a lawsuit?

This is probably the most important question, and will vary by state:

 

In Texas, you have two years from the date the cause of action accrues to file a lawsuit. That means two years from the date: (1) the insurance company issues a payment; (2) denies the claim; (3) makes any other claim determination. If you wait longer than that, you are forever barred. The safest bet is to run the clock from the date of the loss itself. Once you hit the second anniversary of the loss without filing suit, you run the risk of your claim being barred by the Statute of Limitations. DO NOT WAIT. If you think your insurance company is not doing the right thing, call us. Once the two years runs, you are out of luck. The two-year limitation applies to bad faith claims, and to claims for breach of the insurance code (such as the Prompt Pay Act). It can also apply to a breach of contract action if the policy includes the correct language.

 

In Texas, just like many states, the insurance policy can shorten the length of time you have to file a lawsuit. But, the provision must be worded correctly. If the policy’s Suit Against Us or Legal Action Against Us clause limits you to two years from the date of the loss, then Courts have held that language to be unenforceable, and the standard four-year limitations period applies. If the clause limits you to “two years and one day from the date the cause of action accrues” then you have two years. WATCH OUT a lot of policies will have the four-year language in the main policy but will amend it through an “endorsement” (amendment) called “Texas Changes.” Don’t assume you have four years to file suit.

 

In Colorado it depends on whether your policy is “commercial” or “residential.” If your policy is “residential,” meaning you are a homeowner, you have two years from the date the cause of action accrues. If you have a “commercial” policy, meaning the property is a business, then the policy may lessen the amount of time you have to bring suit. Some courts have upheld limitation language as short as six months from the date of the loss. Check your policy to be sure. Claims for unreasonable delay or denial are subject to a two-year limitation. We will gladly review any policy language to make sure you know when your limitation period will run without any commitment on your part to hire us.