Lawsuits are always nerve-wracking and unless you’re a lawyer, you’re probably aren’t very familiar with the law. With that being said, many people feel the need to file lawsuits when they been treated unfairly.
People sue insurance companies when they believe they’re owed more money; however the process can be complicated.
Here’s what to expect when you file a lawsuit against an insurance company.
Hire a Lawyer
Don’t attempt to go up against an insurance company on your own; the first step is to hire an experienced property damage insurance lawyer.. Check the lawyer’s credentials and look for references.
Once you retain and attorney, he will make a demand on your insurance company to pay the claim within a reasonable time frame in order to avoid litigation. If the insurance company does not pay, then your lawyer will sue them. After that, your lawyer and the insurance company’s lawyer will proceed to investigate the facts of the case. This process is referred to as “discovery”. During discovery, lawyers gather facts and interview of witnesses.
You could be subject to a “deposition”. A deposition involves you answering questions truthfully to the opposing party while under oath. To prepare you for deposition, you lawyer will go over the facts of the case and provide you with the guidance you need. They’ll also protect from abusive questions.
If both parties fail to reach an agreement, the case can be taken to court where you may have to testify as a witness.
Keep in mind that once a case is in court, it can take 3 months to 2 years before you reach a resolution.
In the meantime, your lawyer will keep you informed and provide you monthly updates on your case.
Most cases don’t go to trial. In fact, most cases settle at mediation without the need for depositions or trial.
During the negotiation process, the insurance company and your lawyer will seek to settle the case by making offers and counter offers. Together with your lawyer, you’ll have the opportunity to weigh and compare each offer to decide if the settlement amount is enough
What Can You Recover From A Lawsuit?
What you recover from your insurance company will depend on your coverages and if you can prove you had a covered loss due to a sudden and accidental event like a roof leak, hail damage, burst pipe or hurricane damage..
It can include the following:
- Cost to rebuild your home to pre-loss condition
- Cost to rebuild other structures on your property
- Loss of use of your property or loss of rental income
- Cost to replace personal property
If you’re in Florida and looking for legal help with a property damage insurance claim, consider getting in touch with Arnesen Webb. P.A.
Arnesen Webb, P.A. is a property insurance law firm. We have a team of qualified attorneys that specialize in water damage, burst pipe damage, roof leaks, fire damage, mold, hurricane damage and marine damage.
Contact us to learn more!