Florida Insurance Claims Attorney

Representing Clients Throughout Palm Beach County and Beyond

When disaster strikes in Florida, whether it's because of a hurricane, fire, flood, or other unforeseen events, the next step often involves filing an insurance claim. However, insurance companies don't always make this process easy for policyholders. Many people are left struggling with claim denials, delays, or underpayment. If you're facing challenges with your insurance claim, our Florida insurance claims lawyer can help you navigate the complexities and fight for the compensation you rightfully deserve.

Call Your Damage Lawyer, PLLC today at (561) 564-0233 or contact us online to schedule a consultation with our insurance claims lawyer in Florida.

What to Expect When Filing an Insurance Claim in Florida 

Filing an insurance claim can be overwhelming, especially when dealing with property damage, personal loss, car accidents, or truck accidents. The process generally starts with notifying your insurance provider of the incident as soon as possible. You’ll need to provide details of the event, photos, and an estimate of the damages.

After presenting the claim, an adjuster will assess the damage. Keep in mind that adjusters are hired by the insurance company and may prioritize minimizing the payout to save the insurer money. Based on their evaluation, the insurance company will make a settlement offer.

In many cases, the initial offer might not fully reflect your damages. This is where complications often arise. Be prepared for the possibility of delays, underpayments, or even denials.

With the help of our experienced Florida insurance claims lawyer, you can ensure that your interests are protected. We’ll guide you through the process, ensuring you understand your rights under your policy and the Florida laws designed to protect policyholders.

What to Do if Your Claim is Denied

There are several steps you can take if your insurance claim is denied. 

• Review the Denial Letter: Understand why your claim was denied. Insurance companies are required to deliver a reason for the denial, which could be due to issues such as policy exclusions, missed deadlines, or disputes over the cause of the damage.
• Check Your Policy: Carefully examine your insurance policy to determine whether the denial was justified. Sometimes, insurance companies rely on vague or ambiguous policy language to deny claims.
• Gather Evidence: If the denial was based on a lack of evidence, gather additional documentation to support your claim. This might include further photographs, contractor estimates, or witness statements.
• Dispute the Denial: You have the right to refute a denied claim. This often involves writing an appeal letter to the insurance company, providing further evidence, and requesting that they reconsider their decision.
• Consult an Insurance Claims Attorney: If you're unsure how to move forward or feel that the denial was unjust, working with an attorney is a crucial next step.

Florida-Specific Insurance Regulations

Understanding Florida’s unique insurance laws is essential for successfully navigating the claims process.

• Florida Bad Faith Insurance Law:
  Florida law protects policyholders from bad faith practices by insurance companies. If an insurer fails to act in good faith—such as delaying claims, denying claims without valid reasons, or offering unreasonably low settlements—policyholders may have legal grounds to sue. These laws are designed to ensure insurers treat clients fairly and honor the terms of their policies.
• Florida’s Assignment of Benefits Law:
  This law allows homeowners to transfer their benefits to a contractor for repairs. While it can help speed up repairs, it also has risks. Some dishonest contractors misuse this law by inflating repair costs or overcharging. As a result, homeowners may end up with large bills and a dispute with their insurance company. Always be cautious when signing an Assignment of Benefits agreement.
• Statute of Limitations on Insurance Claims in Florida:
  Florida law sets specific time limits for filing insurance claims. For most property damage claims, you generally have 3 years from the date of the loss to file. If your claim is denied, you have 5 years to challenge the decision. It’s crucial to act quickly and meet these deadlines to avoid losing your right to pursue compensation.

How to Maximize Your Insurance Payout 

• Proper Documentation for a Strong Claim:
  The more evidence you have, the stronger your claim will be. Take clear photos of the damage, gather contractor estimates, and keep receipts for any temporary repairs. If you're filing a personal injury claim, make sure to document your medical records, treatment plans, and any related expenses. This documentation will help prove the extent of your losses and support your claim.
• How to Calculate Damages:
  Assess all damages, including structural repairs, personal property losses, personal injury costs, and even loss of income if applicable. Keep detailed records and, if needed, consult a professional appraiser to get an accurate estimate of your damages. Don’t forget to factor in medical bills, rehabilitation, and any other injury-related expenses.
• Dealing with Adjusters:
  Insurance adjusters are hired to evaluate claims and minimize payouts. Be prepared for their assessment and don’t accept their first offer if it seems low. If you feel their evaluation is insufficient or if you're dealing with a personal injury claim, request a second opinion or consider hiring an independent adjuster.

Insurance Claim Settlements: What to Expect

Understanding the settlement process helps ensure fair compensation:

• Negotiating a Fair Settlement:
  If the initial settlement offer doesn’t cover your damages, don’t accept it. Be ready to negotiate and present supporting evidence to back your case. In some cases, your lawyer can help facilitate a better settlement offer.
• Understanding Policy Limits and Coverage:
  Insurance policies have limits on how much they will pay out for various types of damage. Be aware of your policy’s limits and exclusions. Knowing your coverage details helps you understand what to expect from your claim payout and ensures you aren’t caught off guard.

How Our Insurance Claims Lawyer Can Help You

We can assist you by:

• Claim Filing Assistance: If you're just starting the process of filing a claim, we can help ensure that your documentation is thorough and accurate, reducing the chances of your claim being postponed or denied.
• Negotiating with the Insurance Company: If your claim has been underpaid or delayed, we can negotiate on your behalf to secure the compensation you're entitled to. Insurance companies often respond differently when they know you're represented by an attorney who understands the tactics they use to minimize claims.
• Handling Denied Claims: If your claim has already been denied, we can challenge the denial and work to overturn the decision. This might involve collecting additional evidence, engaging with third-party experts, or taking legal action if necessary.
• Litigation Support: In instances where the insurance company refuses to act in good faith, litigation may be required. We have the resources and expertise to take your case to court and fight for your rights as a policyholder.
• Understanding Florida Insurance Laws: Florida has specific statutes governing insurance claims, particularly when it comes to natural disasters like hurricanes. We stays up-to-date on all relevant laws to ensure that your claim is handled in compliance with state regulations.

Frequently Asked Questions (FAQ)

• What should I do immediately after a disaster in Florida?
  • Take Immediate Action: Document the damage with photos, make temporary repairs to prevent further loss, and contact your insurance provider right away. Quick action ensures you meet deadlines and can help speed up the claims process.
  • Keep Receipts: Save receipts for any temporary repairs or expenses incurred while handling the damage.
• How long does it take for an insurance claim to be processed in Florida?
  The processing time varies depending on the complexity of the claim, the type of insurance, and the responsiveness of the insurer. Typically, claims can take several weeks to several months. If your claim is delayed, contacting an attorney can help push the process forward.
• What happens if my insurance company offers me a low settlement?
  Insurance companies may offer lower-than-expected settlements in hopes of closing the case quickly. If this happens, don’t accept the first offer. You have the right to negotiate for a fair settlement, and an experienced insurance lawyer can help you achieve this.
• Can I file a claim if the damage occurred several months ago?
  Yes, but you need to act within the legal deadlines. Florida law typically allows 3 years to file property damage claims from the date of the loss. If you miss this window, you may lose your right to file a claim.
• What is the role of an insurance adjuster, and should I trust their assessment?
  An insurance adjuster is responsible for evaluating your property damage and determining the claim amount. However, they are hired by the insurance company, and their goal is often to minimize payouts. If you’re unsure about their assessment, consider getting a second opinion from a professional.
• Can I take legal action if my insurance claim is denied?
  Yes, if your claim is unjustly denied, you can challenge the denial. This may involve appealing the decision, gathering additional evidence, or, in some cases, pursuing legal action. A skilled insurance attorney can guide you through this process.
• What is the “Assignment of Benefits” (AOB) and why should I be cautious?
  AOB allows homeowners to transfer their insurance benefits to a contractor for repairs. While it can help expedite repairs, some contractors may misuse AOB by inflating repair costs. Always read the agreement carefully and consult a lawyer before signing. 

Fight for Your Insurance Rights
If your claim has been denied or underpaid, we’re here to help. Call Your Damage Lawyer, PLLC at (561) 564-0233 or contact us online for a consultation today. Let us fight for the compensation you deserve!