Florida Property Damage Lawyer
Florida is a popular destination for visiting and for settling down because of its miles of beautiful beaches, many cultural attractions, and tropical weather. Florida’s weather is not always bright and sunny, however; it is also known for being unpredictable, particularly during hurricane months. Storms in Florida can leave houses as well as other properties with substantial damage due to intense rain, wind, and flood water. This type of property damage can cause a victim to pursue a homeowner’s insurance claim to obtain compensation for repairs or replacements. Homeowners’ claims can also be filed for other reasons, like smoke, mold, pests, and fires. If an insurance carrier refuses to provide you with a fair settlement for a property damage claim or even denies your claim, a compassionate Florida property damage lawyer can help you fight for the maximum compensation you need.
The lawyers at Gerson & Schwartz, PA have the experience to advocate for you after you have lost it all. Help us ease the burden. Contact us today at (305) 371-6000 or toll-free at (877) 475-2905 to schedule a free case evaluation.Florida Property Owner Rights
Any insurance policy in Florida places obligations on the property owner when property loss claims are made. While these obligations vary between policies, some of the most common requirements include:
- A property owner must provide notice of the loss to the carrier promptly or within a specific period of time. The policy often will provide a specific deadline. Failure to satisfy this deadline can create challenges later on.
- A property owner must take reasonable steps to protect property from additional damage. Often, however, there is great discretion in interpreting what “reasonable steps” are for the maintenance of property. A Florida property damage lawyer can help to explain what these steps include.
- After initiating a claim, a property owner will submit a proof of loss statement. These statements are signed under penalty of perjury and involve the itemization of damages.
- A Florida property damage lawyer can help you navigate these nuanced aspects of insurance law.
As a property owner, it is important to know that you have a right to use insurance coverage to cover repairs to your homes. Some of the most common examples of common property damages claims include:
- Storm damage claims. Homeowner’s insurance policies often do not cover flood damage caused by tropical storms, but do apply to other types of storm damage.
- Tree damage claims. Homeowners’ insurance policies apply when a tree falls on a person’s home.
- Water damage claim. Whether it is the result of a faulty HVAC system or leaking pipes, water damage is often covered by a homeowner’s policy.
- Fire damage claims. When lightning strikes or other kinds of fire damage harm a property, a homeowner’s policy often applies to the situation.
- Mold claims. Even though mold claims are frequently disputed, if a property incurs mold from a “covered peril,” remediation costs are often covered.
- Theft claims. If you are the victim of a burglary, your homeowner’s policy often provides coverage for any loss incurred as a result.
If you encounter difficulty in pursuing any of these claims, an experienced Florida property damage lawyer can help you pursue the coverage that you deserve.Common Reasons Why Property Claims are Denied
Having a property claim denied is frustrating. Unfortunately, insurance carriers use various reasons for denying a claim. Fortunately, a knowledgeable Florida property damage lawyer knows how to respond to these denials. Some of the most common justifications that companies use to deny claims include:
- The property owner failed to pay their premium. To avoid this argument, property owners should make sure that they are current on all payments. If necessary, your lawyer can help you prove this point.
- Sometimes, property claims are denied because a policyholder failed to file a claim on time. Many insurance carriers have strict requirements for when they must receive notification about damage; this problem can be overcome by making sure that you file a claim on time.
- Insurance carriers sometimes deny claims because the type of property damage that is being pursued is listed in the agreement’s exclusions section. Some of the most common areas that are excluded include construction damage, earthquake damage, flood damage, intentional property damage, mudslides, and sinkhole damage. The best way to overcome this justification is to carefully review the terms of a policy before pursuing a claim. If you need assistance analyzing these terms, do not hesitate to ask a Florida property damage lawyer.
- Insurance carriers sometimes argue that property owners failed to provide adequate evidence about damage. Denials based on this reason can be avoided by having your lawyer review proof of loss provisions.
- Sometimes, insurance carriers deny claims because they believe that the claim is false or questionable. Insurance companies sometimes argue that policyholders failed to provide certain details when filing or renewing claims, which is why it is critical to fully detail the basis of a claim. A lawyer can help to make sure that you have fully documented the claim.
After paying into an insurance premium, it is important to remember that you have the right to a proper payout on your policy after filing a property damage claim. If an insurance carrier denies your claim or refuses to pay what you deserve, you should not hesitate to speak with a Florida property damage lawyer. Contact Gerson & Schwartz, PA today to schedule a free case evaluation.