Class Action Lawsuit Against Oklahoma DHS
Oklahoma State Bureau of Insurance
Oklahoma defendants’ attorneys have been warning residents in the state of Oklahoma that a new class action lawsuit against the Oklahoma Department of Insurance is on the way. The complaint says that Oklahoma has denied their right to affordable insurance because they are poor risk applicants. So how does this affect you? Well, you’re entitled to affordable health insurance if you meet certain requirements. These requirements vary from state to state but in Oklahoma, they include being 65 years of age or older, not currently suffering from a pre-existing condition, not being a smoker and having not filed bankruptcy.
What is a class action lawsuit and how do they work?
Class actions are multi-class lawsuits wherein people who have been injured by another individual or corporation can bring a suit together. They do not sue just one person or company. Instead, they take the efforts and contributions of all those who have experienced similar injuries as an individual. The goal of a class action lawsuit is for a defendant or plaintiffs to receive a percentage (usually 10%) of any future settlement or award from a court. That’s why class action lawsuits are often easier to settle than cases brought individually.
Oklahoma has its fair share of insurance providers. However, the Oklahoma Department of Insurance, through the Oklahoma State Insurance board, decided to deny most claims. Why is this? There was proof of under-writing errors. So they set up a class-action lawsuit.
The class action lawsuit would force an insurer to acknowledge their mistakes and make the necessary improvements.
In the past, some insurers have sued their insureds. If you’ve ever seen a television commercial for an insurance company, you may have seen one of these commercials. In these commercials, the narrator would tell viewers that if they want to get a good rate, they must purchase a policy from the company that is “warned against” by the narrator.
Class action lawsuits are generally used in commercial lawsuits. Insurance claims are usually handled in small claims courts.
But sometimes, such cases are transferred to large claims courts like the Oklahoma City- Tulsa Supervision Court. A class action lawsuit is filed on behalf of all plaintiffs who were injured as a result of the defendant’s negligence. The judge in the case will send a written order out to each defendant or carrier notifying them that they have thirty days to correct their wrongful act or face a penalty.
Some insurance companies won’t admit that they acted wrong.
That is why class action lawsuits can be so beneficial. After an order is issued, if the insurance company doesn’t fix the problem, then the lawsuit can force them to pay damages. Even if the damages awarded are low, it will help someone who has suffered injuries. If no settlement can be found, the suit can go on to trial.
Many people who file a suit will receive compensation for medical bills, lost wages, pain and suffering, and in some cases, punitive damages.
In a case where the plaintiff won a monetary settlement, the court may award punitive damages. Punitive damages are meant to deter another person from acting in a similar way. A suit seeking damages for pain and suffering may also lead to a claim for medical care.
Sometimes, victims are not compensated for their pain and suffering. This can occur when a defendant intentionally causes physical injury. This type of claim requires the presence of a skilled attorney. An attorney can show the court how the victim was harmed, and how much money would be recovered if the case went forward. It is possible to file a suit for damages caused by Oklahoma’s Department of Insurance.