You can hire an attorney whenever you want.
One of the most common myths in the industry is that homeowners need to wait for their claim to be denied or underpaid before they can hire an attorney. The truth is you can hire an attorney at any stage of the property damage claim process.
With Florida laws shifting to favor insurance companies, homeowners are going to need to hire an attorney to help them even before their claim is denied or underpaid?
Florida’s changing legal environment is quickly becoming a haven for insurance companies, and homeowners are being left with little to no option but to hire an attorney to receive the compensation they are entitled to.
On average, 5.79 claims are filed for every 100 insured homes in the U.S., and 93% of homeowners have insurance. Meaning insurance companies are collecting billions of dollars each year, and they still underpay and deny valid claims hoping to get away with it to make even more profit.
Ideally, you should be able to file a claim, and the insurance company should pay you an adequate amount without an attorney intervening on your behalf. This is not the world we live in. Insurance companies are for-profit entities, and usually, they will do what they can to underpay or deny a claim. They have highly trained employees who speak as if they are on your side, but when it comes time to pay, they quickly change their tune.
When can a lawsuit be filed against my insurance company?
Not until you file a notice of intent to litigate under 627.70152 and you comply with conditions precedent. The insurance companies are experts are delaying claims. The longer a company delays a claim the more likely a homeowner will give up and take a low ball offer.
In Florida before you file a lawsuit to recover insurance benefits under your homeowner’s policy you have to comply with conditions precedent. As a result of the pro-insurance legistlation that keeps getting passed in the Florida House and Senate you also have to file a Notice of Intent to Litigate before you can initiate a lawsuit.
Conditions precedent can include submitting a Sworn Proof of Loss, Sitting for a Recorded Statement, Providing requested documentation, Sitting for an Examination Under Oath or other requests under the policy.
Once you file a Notice of Intent to Litigate the Carrier has 10 business days (excluding holidays or weekends) to respond. They can respond only in certain ways under the law.
Don’t wait to hire an attorney.
At the first sign of trouble, it’s essential to speak to an attorney quickly to keep your claim moving forward. Your property damage claim attorney is there to fight for a positive outcome for you and to help you get paid in a timely manner.
There’s no cost or fee to hire us.
Schedule your complimentary discovery call today. Call us at 855-585-2997.
