Services
Fees
CITIZENS AGAINST UNFAIR INSURANCE PRACTICES

Services

The law firm offers a full range of legal services for clients who find themselves in the following situations: 

• Homeowners, businesses, tenants and other property owners who have suffered an insured loss such as a fire, theft, water damage, collapse or other casualty and who are not treated fairly, need help calculating and presenting their claim, or who are being hounded with oppressive demands by an investigating insurance company.
• Uninsured and under-insured victims of property damage where some third-party may be responsible for causing the loss. 
• Disability and life insurance claims.
• Personal injury and construction site accidents.
• Commercial litigation
• Toxic Torts
• Administrative matters at the State Insurance Department representing brokers, adjusters and insureds.
• Commercial collection matters.
• Insurance coverage consulting. Let us review your insurance policies now before a loss occurs as to the sufficiency of your coverages.
• Victims of legal and other professional malpractice.

Fees

    We believe in a client's right to negotiate a fair fee for quality legal services. We also believe in giving access to the courts to those unable to pay large hourly rates.

    We stand ready to discuss the fee appropriate to your particular matter which will depend on factors such as the size of the case, its complexity, the relative merit of the case, as well as our ability to collect the proceeds.

    However, as a general guideline:

    Contingency Fees: Percentages vary greatly but one-third (33 1/3) is the most common.

    The fee for representing an insured at an examination under oath also varies, but is generally ten percent (10%) of monies recovered.

    We also ask for an advance payment raging from $500.00 and up, with $1,500.00 being the most common. This payment is generally refundable out of the future contingency fee. The firm will waive this advance is hardship cases.

    Litigation may be expensive and involve additional expenses and disbursements. These expenses are generally the responsibility of the client, and this should be discussed prior to retaining the firm.

    In those matters where an hourly fee is agreed upon, our hourly rate is currently $300.00 - $350.00 per hour and is billed monthly against an advance payment. Time is billed in tenths of an hour. Overdue balances are subject to finance charges. The amount of the advance varies and is negotiable.

CITIZENS AGAINST UNFAIR INSURANCE PRACTICES

    Jonathan J. Wilkofsky is a member of the Board of Directors and General Counsel to Citizens Against Unfair Insurance Practices. This grass-roots consumer lobbyist group seeks to assure that all policyholders in New York State are treated fairly by their insurance carriers.

    The citizens of New York State may have a potentially serious problem. Consumers purchase insurance (Home, Auto, Health, Disability or Life) for peace of mind and protection, but what you are buying is often an illusion. The fact is every New York State citizen faces potential emotional and financial havoc because often insurance companies in New York State can practice unfair claims settlement practices with impunity. Anyone can become an insurance company victim.

    Under New York State Insurance law, you have almost no right of private action (lawsuit) against an insurance company to recover for bad faith. This is true regardless of the unfair claims settlement practices of an insurance company in denying all or part of your claim or the merits of your case. The New York State Insurance Department does not protect you, and you have almost no viable legal remedy under New York State statutes or common law to recover legal fees or be awarded punitive damages.

    State Senator John A. DeFrancisco and Assemblyman Daniel L. Feldman have repeatedly sponsored insurance reform legislation. This bill, incorporating language drafted by Mr. Wilkofsky,would provide New York State citizens with a private right of action (lawsuit) against insurance companies under the Insurance Law. Over ninety insurance industry lobbyists in Albany have successfully stopped this legislation for the past eleven years.

    Assemblyman Daniel L. Feldman and Senator John A. DeFrancisco, in their memorandum in support of the legislation, stated the following:

    There has been no voice until now solely dedicated to protecting your insurance rights. Citizens Against Unfair Insurance Practices is that voice.

    The mission of Citizens Against Unfair Insurance Practices is to secure the guarantee that insurance companies will not practice unfair claims settlement practices against the citizens of New York State. We believe your insurance rights must be protected now and in the future.

    We will provide a relentless, powerful united citizens' voice to the New York State Legislature and the Governor's office to protect your insurance rights. We can provide the peace of mind you have a right to expect when you buy insurance. Our success will depend on your support.

    If you need information or guidance for your own problem or want to help and support the effort, please contact Jonathan Wilkofsky at the firm.

Send mail to info@wfkclaw.com    with questions or comments about this web site.

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