Florida Insurance Claims Attorneys

Florida Property Damage Attorney Overview

One of the expected costs associated with purchasing a home or commercial property is insurance. Homeowner’s insurance provides protection to cover specified damages to the homeowner’s property. Your homeowner’s insurance policy will contain the details of what events your policy covers. Generally, damage resulting from fire, theft, and weather-related damage is covered. However, damages from events like termite damage are usually not covered.

Commercial property insurance will typically provide more coverage than homeowners insurance. However, having insurance does not always guarantee that your policy will cover the damage your property sustained. In some instances, even if the damage is covered, the insurance company may dispute the value of the damage to your property. If you have suffered property damage and your insurance company has denied or underpaid your claim, you should speak with an experienced Kagan Law Firm property damage lawyer today.

  • At Kagan Law Firm, our experienced property damage lawyers will vigorously fight for you to get the best possible outcome in your case
  • When you work with us, you will meet directly with your attorney from the start, and have a continuous line of open communication with your attorney throughout the duration of your case
  • We tailor our services to meet the nuanced needs of every individual client we serve

If you are in a dispute with your insurance company, Kagan Law Firm can help you fight for the maximum value possible for your insurance claim. To speak with one of our Florida property damage attorneys and get more information about how we can help you, call (954) 300-1068 today to set up a free consultation.

Florida Property Damage Attorney

Types of Property Damage in Florida

There are different types of property damages that may require you to file a claim with your insurance company. Some of the most common types of property damage in Florida include:

Hurricane Damage

Florida has a 6 month long hurricane season, starting on June 1st until November 30. Although, in some years the storms may begin as early as mid-May. Property damage from hurricanes can be caused by:

  • High-speed projectiles such as uprooted trees, cars, and other debris
  • Storm surges and storm tides
  • Heavy rainfall and flooding
  • High winds and tornadoes

Flood Damage

While water damage from home events such as a burst pipe will usually be covered by your homeowner’s insurance, water damage from flooding is typically not a covered event. Instead, property owners who want to protect themselves against flood damage should get flood damage coverage through the National Flood Insurance Program managed by the Federal Emergency Management Agency (FEMA).

Property owners in Florida may be required by their landlords or mortgage companies to purchase flood insurance. As with any other insurance coverage, the claims process can be complex and frustrating. If you are having problems filing a claim with your flood insurance agent or your claim has been denied, a Kagan Law property damage attorney can help you through the process and protect your interests.

Mold Damage

After a flood, hurricane, or water pipe bursts, drying your home out is the most important step in preventing mold damage. Allowing excess moisture and water to linger in your home may increase the risk of mold growth. Determining if your mold damage is covered by your insurance policy will depend on the source of the mold. Most insurance policies will only cover mold damage that was caused by sudden and accidental incidents such as a pipe burst, water heater rupture, or dishwasher malfunction. The events covered for mold damage are very limited and every property owner must stay vigilant to detect leakages and moist areas and take steps to eliminate conditions that can contribute to the growth of mold.

Roof Damage

Unless the damage to your roof was caused by a covered event, your insurance company will not cover the damage. Under most homeowners insurance policies, roof damage or leaks caused by a lack of maintenance will not be covered. However, if the damage is caused by an unavoidable, sudden event such as a storm or hail, that will likely be a covered event for which you can make a claim.

Fire Damage

Your homeowner’s insurance will provide coverage for fire and smoke damage. Your coverage will generally include cleanup and rebuilding costs after a fire and may also include replacing furniture and personal possessions lost in the fire. However, there are limits to fire damage coverage. Accidental fires caused by events such as electrical fires or kitchen fires will most likely be covered, but intentional fires are not covered and your insurance company will deny claims for damage caused by any fire that was intentionally started. The insurance company will investigate the cause of the fire to determine whether it falls under a covered event or not.

Stages of Property Damage Claims

Here are the general steps you can expect when pursuing a property damage claim in Florida:

Consult an Attorney

Working with an experienced property damage lawyer can help guide you through each stage and ensure your rights are protected.

Document the Damage

As soon as the property damage occurs, it is crucial to document its extent. Take photographs or videos, gather any relevant documents (such as repair estimates or invoices), and make a detailed inventory of the affected items. 

Notify Your Insurance Company

Contact your insurance company promptly to report the property damage. Follow their specific procedures for filing a claim, which usually involve providing a detailed description of the damage, submitting supporting documentation, and completing claim forms.

Insurance Company Investigation

After receiving your claim, the insurance company will assign an adjuster to investigate the extent of the damage and evaluate your claim. The adjuster may visit your property, review the documentation you provided, and may request additional information or evidence.

Evaluation of Coverage

The insurance company will review your policy to determine the extent of coverage for the specific type of property damage you experienced. They will assess whether the damage falls within the policy’s terms and conditions, including any limitations or exclusions.

Claim Settlement Negotiations

Once the insurance company completes its investigation and evaluates your coverage, the adjuster will typically make an initial settlement offer. This offer may not always reflect the full value of your damages. You have the right to negotiate to seek a fair and reasonable settlement that adequately compensates you for your losses.

Mediation or Appraisal

If you and the insurance company are unable to reach a satisfactory settlement through negotiation, you may consider alternative dispute resolution methods. Mediation involves a neutral third party facilitating negotiations between you and the insurance company. Appraisal is the appointment of impartial appraisers to assess the value of the property damage and determine a fair resolution.


If all attempts at negotiation and alternative dispute resolution are unsuccessful, litigation may be necessary. In such cases, you may file a lawsuit against the insurance company, present your case in court, and a judge or jury will decide the outcome and the amount of compensation you are entitled to receive.

The specific details and timelines of the property damage claims process can vary depending on the circumstances, the insurance policy, and the complexity of the case. 

Florida Property Damage Attorney

Calculating the Value of Your Florida Property Claim

The value of a property claim is unique in each case and involves assessing the extent of the damage and determining the appropriate compensation. Here are some key factors an attorney will consider when estimating your case’s worth:

  • Estimates of Repair or Replacement Costs
  • Additional Expenses (e.g., temporary housing, storage fees)
  • Business Interruption
  • Loss of Use
  • Depreciation and Market Value
  • Policy Limits and Deductibles
  • Legal Fees

Calculating the value of your property claim can be complex, and insurance companies may attempt to undervalue your damages.

What Will a Florida Property Claim Lawyer Do For Me?

A property claim lawyer will provide invaluable assistance and representation while pursuing a property damage claim. They will:

Evaluate Your Claim

A property damage lawyer will thoroughly evaluate your case, and examine the details of the property damage, insurance policies, and relevant laws. They will assess the strength of your claim, identify potential sources of compensation, and determine the best legal strategy to pursue.

Gather Evidence

This may include obtaining repair estimates, consulting with experts, collecting relevant documents, and conducting investigations to establish liability or negligence.

Navigate the Insurance Process

Dealing with insurance companies can be daunting and complex. A property claim lawyer will handle all communication and negotiations with the insurance company on your behalf. They will ensure that your rights are protected, advocate for fair compensation, and challenge any unjust denials or undervaluation of your claim.

Negotiate a Fair Settlement

A skilled property damage lawyer will leverage their knowledge of insurance laws and industry practices to advocate for your best interests, aiming to maximize your compensation.

Litigation Representation

If negotiations fail to result in a satisfactory settlement, a property claim lawyer will be prepared to take your case to court. 

Provide Peace of Mind

They will guide you through the process, answer your questions, and keep you informed about the progress and developments of your claim.

Contact the Florida Property Damage Attorneys You Can Trust

If you are having difficulties with your property insurance company, you need an experienced Kagan Law property damage attorney who can help you fight for what you deserve. Our attorneys work tirelessly to hold the insurance company accountable and fulfill their obligations to your policy. If you have suffered property damage and need help filing or disputing a claim, the property damage lawyers at Kagan Law Firm can help you. Call (954) 300-1068 today to set up a free consultation with one of our experienced insurance lawyers.