You just found out you are being sued. Now what?
Discover how to navigate the litigation, non-litigation and small claims processes, and know what you can expect at every step. And, understand how to cope on a personal level during what can be a challenging time.
Reporting a Claim
Once you submit your claim, a TDIC claims representative will contact you as soon as possible to verify information, ask questions, explain coverage and begin processing it.
What You Can Do
Communicating with us early and often is key to resolving your claim. Contact an experienced TDIC representative if you receive notification that patient is considering suing you, or in the event of any of the following circumstances:
- Death of a patient during or after treatment under any circumstances
- Request for release of medical records
- Legal action against a colleague involving a patient you have treated
- Receipt of a subpoena or suit papers
To get an understanding of what you expect during this process, download the What To Expect if You Are Sued resource for a complete overview of how to cope through the process, the litigation process, the non-litigation process and the small claims process.
TDIC's Business Insurance Claim Process
Our process begins as soon as you call Claim Services at 800.733.0634. Whether it's a simple mishap or a complex claim involving injuries, we follow the same five-step process to handle your claim.
- Claim assignment
Your claim may be assigned to a representative experienced in a specific aspect of professional liability. We may also involve TDIC counsel to protect your interests.
- Initial contact
Your claim representative will contact you promptly after receiving your claim.
- Investigation, estimate and evaluation
Your claim representative will review your policy and conduct a thorough investigation to determine the proper handling of your claim. The phases of this step may include:
- Contacting the other side
- Attempting to research information for investigation
- Attempting to resolve the claim
- Assigning defense council
- Filing an answer
- Strategy discussion between TDIC representative and defense council
- Going through the discovery process
- Going to trial in the appropriate court
- Small claims court, at which most states don't allow attorneys
- Municipal Court for claims less than $25,000 and limited discovery
- Superior Court for claims more than $25,000
- Considering a consent to settle
TDIC will not settle any claim without having first obtained your written consent.
Considerations for settlement include: reporting, National Practitioner Data Bank and the Dental Board.
We will work to resolve your claim. If a liability claim has been made against you, we'll evaluate your legal liability and work to resolve the matter to best protect your business. If needed, we will retain a qualified attorney to defend your interests.
- Claim closure
Once we've resolved your claim under the terms of your policy, we close the claim. If you discover additional expenses, we will re-open your claim to investigate.
This is only a general description of coverages and is not a statement of contract. Details of coverage or limits vary in some states. All coverages are subject to the terms, provisions, exclusions and conditions in the policy itself and in any endorsements.