whether its your house or condo, car or boat, we will fight to make sure your insurance company is paying for the damages to your property.

This Miami property damage attorney is experienced in handling improperly denied homeowners insurance claims, underpaid claims, and denial of coverage cases. Contact us to see how we can get your house back in order.

Homeowners insurance claims disputes are common in South Florida. You need an attorney experienced with property damage cases. Call today for a free consultation regarding any property damage to your home. 

What to Know

Florida law allows property owners to seek compensation for damages caused by negligence, intentional actions, or natural disasters. Compensation typically covers the lesser of the cost to repair or the reduction in market value, with specific exceptions for unique property or public policy concerns (e.g., environmental contamination).

Key Legal Principles

A property damage claim may be pursued under several legal theories, including negligence, trespass, or theft (also known as conversion). Each theory depends on the specific facts surrounding the damage and the conduct of the responsible party.

To establish negligence, four elements must be proven: the defendant owed a duty of reasonable care, the defendant breached that duty, the breach directly caused the damage, and the plaintiff suffered losses as a result. Florida follows a modified comparative negligence system, which means that if a claimant is found to be more than 50 percent at fault, recovery of damages is barred.

The measure of damages in a property damage case is generally limited to the lesser of the cost to repair or replace the property, or the reduction in its fair market value. However, an exception may apply to items with unique personal or sentimental value. In such cases, recovery beyond strict market value may be permitted if limiting compensation would be considered manifestly unfair.

Florida insurance law also provides special protection under the Valued Policy Law, codified in Florida Statute § 627.702. When real property, such as a building or mobile home, is deemed a total loss due to a covered peril, the insurer is required to pay the full insured value of the property, regardless of its actual market value at the time of loss.

In motor vehicle accidents, Florida operates under a no-fault insurance system. Medical expenses are covered by the injured party’s Personal Injury Protection (PIP) coverage, while property damage is paid through the at-fault driver’s Property Damage Liability (PDL) coverage. Florida law requires drivers to carry a minimum of $10,000 in PDL coverage.

The statute of limitations for filing a property damage lawsuit depends on the nature of the claim. Negligence claims must generally be filed within two years from the date of damage for incidents occurring on or after March 24, 2023. For earlier incidents, a four-year deadline may apply. Insurance claims against one’s own insurer typically have a five-year statute of limitations, although claims involving hurricane or windstorm damage must be filed within three years from the date of loss.

After property damage occurs, several important steps should be taken promptly. The damage should be thoroughly documented with photographs, videos, receipts, and repair estimates. If the incident involves theft, vandalism, or a motor vehicle accident, law enforcement should be notified and a copy of the police report obtained. The insurance company should then be contacted and provided with all relevant documentation.

Finally, it is important to be prepared for negotiation, as insurance companies may initially offer less than the full value of a valid claim. Seeking legal counsel can be beneficial, and an experienced attorney can assist in protecting your rights and pursuing appropriate compensation.

There are many types of property damage that may require filing a claim with an insurance company. In Florida, some of the most common forms of property damage include hurricane damage, flood damage, mold damage, roof damage, and fire damage. Each type of damage presents unique challenges when it comes to insurance coverage and the claims process.

Florida experiences a hurricane season that lasts six months, beginning on June 1 and ending on November 30, although storms can sometimes begin as early as mid-May. Hurricanes can cause extensive property damage through high-speed projectiles such as uprooted trees, vehicles, and other debris. Additional damage may result from storm surges, storm tides, heavy rainfall, flooding, high winds, and tornadoes.

Flood damage is another common concern for Florida property owners. While water damage caused by household incidents such as burst pipes is typically covered by a homeowner’s insurance policy, flood damage is usually excluded. To protect against flooding, property owners must obtain separate coverage through the National Flood Insurance Program, which is managed by the Federal Emergency Management Agency (FEMA). In some cases, landlords or mortgage lenders may require property owners to carry flood insurance. The flood insurance claims process can be complex and frustrating, and policyholders may need legal assistance if their claim is delayed or denied.

Mold damage often develops after flooding, hurricanes, or plumbing failures. Promptly drying out a property is critical to preventing mold growth, as lingering moisture significantly increases the risk. Insurance coverage for mold damage depends largely on its cause. Most insurance policies only cover mold resulting from sudden and accidental events, such as a pipe burst, water heater failure, or dishwasher malfunction. Because coverage is limited, property owners must remain vigilant in identifying leaks or damp areas and take proactive steps to prevent conditions that allow mold to grow.

Roof damage is generally covered by insurance only if it results from a covered event. Damage caused by poor maintenance or normal wear and tear is typically excluded under most homeowner’s insurance policies. However, roof damage caused by sudden and unavoidable events, such as storms or hail, is usually considered a covered loss and may qualify for an insurance claim.

Fire damage is commonly covered under homeowner’s insurance policies, including damage caused by smoke. Coverage often includes cleanup, rebuilding costs, and replacement of personal belongings destroyed in the fire. However, coverage is subject to limitations. Accidental fires, such as those caused by electrical issues or kitchen accidents, are typically covered, while intentionally set fires are excluded. Insurance companies will investigate the cause of a fire to determine whether the loss falls within policy coverage.

When pursuing a property damage claim in Florida, there are several stages in the process. Consulting with an experienced property damage attorney can help ensure that your rights are protected from the outset. Once damage occurs, it is important to thoroughly document the loss by taking photographs or videos, gathering repair estimates or invoices, and creating a detailed inventory of damaged items.

Property owners should notify their insurance company as soon as possible after the damage occurs. This usually involves providing a detailed description of the loss, submitting documentation, and completing claim forms. After the claim is filed, the insurance company will assign an adjuster to investigate the damage, review the provided materials, and possibly inspect the property or request additional information.

The insurance company will then evaluate the claim by reviewing the policy terms, including coverage limits and exclusions, to determine whether the damage is covered. Once this evaluation is complete, the adjuster typically presents a settlement offer. This initial offer may not fully compensate the property owner for their losses, and policyholders have the right to negotiate for a fair and reasonable settlement.

If negotiations are unsuccessful, alternative dispute resolution methods such as mediation or appraisal may be used. Mediation involves a neutral third party assisting both sides in reaching an agreement, while appraisal relies on impartial appraisers to determine the value of the damage. If these methods fail, litigation may become necessary. In that case, the property owner may file a lawsuit, present their case in court, and allow a judge or jury to determine the outcome and appropriate compensation.

The details and timelines of property damage claims can vary based on the circumstances, the insurance policy involved, and the overall complexity of the case.

The value of a Florida property claim varies from case to case and depends on several important factors. Determining fair compensation requires a careful assessment of the extent of the damage and the financial impact it has caused. An attorney evaluating your claim will consider repair or replacement estimates, additional expenses such as temporary housing or storage costs, and any business interruption or loss of use resulting from the damage.

Other factors that influence a claim’s value include depreciation, changes in market value, applicable policy limits, deductibles, and potential legal fees. Because property damage claims can be complex, insurance companies may attempt to minimize or undervalue your losses. Having experienced legal guidance can help ensure your claim is accurately calculated and fairly presented.

A Florida property claim lawyer provides essential support and representation throughout the claims process. Their role begins with a thorough evaluation of your case, including a detailed review of the property damage, insurance policies, and applicable laws. This allows the attorney to assess the strength of your claim, identify all potential sources of compensation, and develop the most effective legal strategy.

Your attorney will also gather critical evidence to support your claim. This may involve obtaining repair estimates, consulting industry experts, collecting documentation, and conducting investigations to establish liability or negligence. Strong evidence is key to demonstrating the full extent of your damages.

Navigating the insurance process can be overwhelming, but a property claim lawyer will manage all communication and negotiations with the insurance company on your behalf. They will protect your rights, push back against unfair denials or low settlement offers, and advocate for the compensation you deserve.

If a fair settlement cannot be reached through negotiation, your attorney will be prepared to pursue litigation and represent you in court. Throughout the entire process, they will provide guidance, answer your questions, and keep you informed, offering peace of mind during a stressful time.

If you are experiencing difficulties with your property insurance company, experienced Florida property damage attorney Eliot Dempsey can help you fight for the compensation you are entitled to under your policy. Our attorneys are committed to holding insurance companies accountable and ensuring they fulfill their legal and contractual obligations to you.