When dealing with property damage or insurance disputes, homeowners may find themselves unexpectedly involved in litigation. Whether it’s after a storm like Hurricane Milton or Helene, due to unaddressed repairs, or a denied insurance claim, understanding the homeowner's role in the legal process is essential for ensuring the best outcome in your case.
If an insurance company refuses to pay what is owed under an insurance policy, it may be necessary for a homeowner to hire a lawyer and file a lawsuit. Our team gets this question at the Florida Property Damage law firm often; so here I, Kyle Staggs, Esq., discuss what to expect if your property damage case requires a lawsuit.
To What Extent will I be Involved in the Lawsuit?
As the property owner, you can be involved as much as you would like, however, there are four possible parts of a lawsuit that the homeowner will need to be more actively involved in:
Discovery requests from the insurance company
Deposition of the homeowner
Attendance to Court-mandated mediation
And should the case go to trial, being present for Court proceedings
Excluding the time for a trial, over the course of the litigation process, the homeowner will on average spend 4-8 hours participating in the lawsuit if the claim goes through written discovery, deposition, and mediation.
Let’s review these in more detail – remember should you have questions as they pertain to your Florida property damage claim, please don’t hesitate to contact the firm.
1. Initial Documentation and Evidence Collection AKA Discovery
One of the first steps in property damage litigation is gathering and organizing all relevant documentation. Homeowners play a vital role in this phase, as they’re often responsible for providing the initial evidence that insurance requests. Expect written questions and requests for documents.
This ‘discovery’ might include photos of the damage, maintenance records, repair invoices, and any communications with insurance adjusters. Having thorough records can make a strong case and help clarify the scope of the damage.
The discovery requests are directed at the homeowner; your attorney will guide you on what to provide, and assist the homeowner in gathering the documents and answering the written questions.
2. Depositions & Answers Questions
Second, the insurance company may want to take the deposition of the homeowner. At its core, a deposition is an opportunity for the insurance company to ask the homeowner verbal questions. The homeowner’s attorney will be present for the deposition and will make sure the homeowner is comfortable and confident before the deposition starts.
Throughout the process, your attorney is there to represent your interests, but close collaboration is key. Throughout litigation, homeowners are often needed to clarify details, provide further documentation, or offer insight that only they can provide. For example, you might be asked to describe past repairs or maintenance issues or explain how the damage has impacted your day-to-day life.
Maintaining open communication with your insurance claim attorney allows us to advocate effectively on your behalf while aiming to eliminate unexpected issues as the case progresses.
3. Participation in Settlement Negotiations via Mediation
Litigation doesn’t always mean a court trial; many property damage cases are resolved through settlement negotiations and the mediation process.
Mediation is where both parties sit with their attorney and a mediator to see if the parties can come to a resolution. The homeowner is ultimately the one who makes the decision on any settlement offer made at mediation.
Homeowners are involved in these discussions, working with their attorney to evaluate settlement offers and decide if the compensation meets their needs. Your insurance claim lawyer will negotiate on your behalf, but you’ll ultimately decide whether to accept a settlement or proceed to court.
These negotiations can be complex, so it’s essential to rely on your attorney’s expertise while voicing any specific concerns you have regarding the settlement offer.
4. Preparing for Possible Court Appearances at Trial
If the parties are unable to reach a resolution, the case may proceed to trial. Although statistically unlikely, trials are a possible outcome of filing a lawsuit. The homeowner should be present for the trial.
If the case does go to trial, homeowners may need to participate in additional depositions, the formal interviews conducted under oath. Your attorney will prepare you, guiding you on how to answer questions confidently and accurately. Although depositions might feel intimidating, they are a valuable part of the process, allowing both parties to gather information and clarify details of the case.
In court, your role is to provide testimony and clarify points that may strengthen your unique claims case. Your attorney will help you prepare for what to expect and ensure you’re ready for any questions that arise.
Understanding the Outcome and Next Steps After Your Case
Once the case concludes, either through a settlement or court decision, homeowners play a role in understanding the outcome and any steps required afterward. This could involve arranging repairs, communicating with insurance adjusters, or simply understanding the final terms of the settlement. Your attorney will walk you through any remaining requirements, helping you transition smoothly back to normalcy.
If you're dealing with property damage, having a knowledgeable attorney in your corner makes a significant difference. Kyle Staggs, Esq., specializes in guiding homeowners through the complex steps of litigation, ensuring their rights are protected and that they receive the support they need.
Reach out today to discuss your case and find out how we can support you through each stage of the Florida insurance claim legal process.
Comentários