SOUTH FLORIDA WATER DAMAGE LAWYERS
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FAQ
Q. WHAT'S THE FIRST THING THAT I SHOULD DO WHEN I NOTICE DAMAGE TO MY HOME?
A. First determine the source of the damage. If you have a leak stemming from faulty pipes or plumbing, shut the water off. Dry up any residual water. You have a duty to mitigate the damage as much as is feasible.
You should also document the damage through photographs and video recordings from varying angles and distances. If you use your phone, make sure that any photographs and videos are backed up on an external drive.
Finally, talk to an attorney as soon as possible to ensure that you have done everything necessary to preserve your rights under your policy.
Q. WHAT IS THE PRE-SUIT CLAIMS PROCESS?
A. After your claim is reported, your insurance company has 14 days to acknowledge the claim. After acknowledgment, the desk adjuster will gather information for you regarding the circumstances surrounding your claim. They will then schedule an inspection to be conducted by your insurer's field adjuster, who will inspect the property and calculate an estimated cost of repair. This must be done within 90 days. Alternatively, if the adjuster determines that your claim is not covered under your policy, they will issue a denial of your claim.
Q. WHAT AM I ENTITLED TO RECOVER?
A. You will usually be entitled to the replacement value of the damaged property, and compensation for any labor and materials necessary to repair and replace the damaged areas. The replacement value should not take into account any depreciation of your damaged property, but rather should compensate you for brand new property replacement. If you were forced to vacate your property and reside in another property of similar value, you may be entitled to compensation for any rent you were forced to pay while vacated.
Q. WILL MAKING A CLAIM INCREASE MY PREMIUM?
A. For hurricane or storm related damage, no. For other damage, possibly. However, the risk of your premium increasing substantially higher or being dropped by your insurer entirely is far higher if you do not report your claim. This is because you have a duty to timely report any damage, which may exacerbate over time and lead to greater expense and damage (e.g., mold stemming from water damage). Any damage exacerbated by your failure to quickly report an issue may result in a future denial for a claim.
Q. SHOULD I USE A PUBLIC ADJUSTER?
A. In our opinion, no. Public adjusters will automatically charge you 10% of your recovery for hurricane-related damage and 20% for non-hurricane related damage. Additionally, they do not have the tools or leverage that attorneys have to get you the highest recovery possible. Public adjusters cannot file a lawsuit and your insurer knows that. You are far better off using an attorney from the very beginning to maximize your recovery and avoid having to pay the adjuster an additional 10-20% of your claim.
Q. WHY WAS MY CLAIM DENIED?
A. Your insurance company is a business. Their business is to charge you as much as they can for your premium, invest your premium in real estate trusts and other investment vehicles, and pay you as little as possible when you make a claim. It's a numbers game - their hope is that you will not know to use an attorney to fight them.
Q. HOW LONG WILL IT TAKE TO GET PAID?
A. This can vary significantly from case to case. However, we take a far quicker and more aggressive approach than other firms - we file suit as quickly as possible and notice your case for trial as soon as is feasible. This forces your insurer to come to the negotiating table much faster.
Q. HOW MUCH DO YOU CHARGE?
A. We are the only firm in South Florida that will never charge you a dime for your homeowners insurance case! We pursue 100% of our fees from your insurer so that you can get 100% of your recovery. We also advance all costs that are necessary to pursue your claim!
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The Law Office of Joseph Hughes P.A. & Cannella Legal