Underpaid Insurance Claim

Underpaid Insurance Claim Attorneys in Louisiana

A Berniard Law Firm attorney comparing a client's lowball insurance check against a contractor's repair estimate to identify underpayment.

Don't Accept a "Lowball" Settlement Offer

Underpaying claims is a calculated business strategy. By skimming a small amount off thousands of policyholders, insurance companies increase their profits by millions. They count on you being too tired, too stressed, or too uninformed to fight back.

The inconvenience this causes isn’t the “Good Neighbor” treatment you paid for—it is a breach of contract.

At the Berniard Law Firm, we know the difference between a fair offer and a lowball check. If your carrier is refusing to pay the true cost of repairs, we help you fight for the full value of your property.

How Insurers "Skim" From Your Payout

Insurance adjusters use sophisticated software (like Xactimate) and confusing math to justify underpayments. We frequently expose tactics such as:

  • Unreasonable Depreciation: Applying excessive depreciation to items that haven’t actually lost value, or depreciating labor costs (which is often illegal).
  • Outdated Price Lists: Using construction price lists that are months or years old, ignoring the “sky-high” cost of materials after a disaster.
  • Missing “Overhead & Profit” (O&P): Refusing to pay the standard 20% markup for a General Contractor, leaving you unable to hire a professional to do the work.
  • Ignoring Specialty Items: Pricing custom cabinetry or historic molding as if it were cheap, standard-grade material.

The "Delay Game" is Profitable for Them

Even if they eventually pay, insurers often drag their feet. Why? Because every day they hold onto your money is another day they earn interest on it.

They hope that if they delay long enough, you will become desperate and accept a smaller check just to get something. Do not fall for this.

We Pursue "Bad Faith" Penalties

In Louisiana, insurance companies have a legal duty to pay valid claims within a specific timeframe (usually 30 or 60 days) after receiving “satisfactory proof of loss.”

If we can prove that the insurance company arbitrarily or capriciously underpaid or delayed your claim, you may be entitled to Bad Faith Damages. This means the court can order them to pay:

  1. The full value of your original claim.
  2. Penalties of up to 50% or 200% of the damages (depending on the statute).
  3. Your Attorney’s Fees.

A History of Winning Against Giants

Since the aftermath of Hurricane Katrina, the Berniard Law Firm has filed thousands of lawsuits against major insurance carriers. We have recovered millions of dollars for clients who were initially offered pennies on the dollar.

We do not just send letters; we hire independent estimators, engineers, and contractors to prove exactly what your loss is worth.

Speak With an Insurance Attorney Today

If the check in your hand isn’t enough to rebuild your home or business, do not deposit it without speaking to us first.

Call the Berniard Law Firm today at (504) 521-6000. All initial consultations are free, and we handle cases on a contingency fee basis. We only get paid if we get you more money.

Co-Counsel and Expert Consultation Services
The Berniard Law Firm also serves as lead counsel, co-counsel, or expert consultant for other attorneys, public adjusters, and corporate risk managers. If you are navigating a complex commercial coverage dispute, contact us to leverage our specific experience in bad faith litigation.