Understanding Florida Property Damage Claims Litigation: A Step-by-Step Guide

Navigating the Florida property damage claims litigation process can feel overwhelming. Between attorneys, insurance companies, and inspectors, the journey to securing fair compensation can be stressful. As a homeowner or business owner, understanding the steps involved in litigation can help you protect your rights and ensure the best possible outcome.

I'm Kyle Staggs, Esq., and I’m here to simplify this process. Below, I break down the key steps in property damage claims litigation, common claim types, and general timelines for resolution.

The Florida Property Damage Claims Litigation Process

If negotiations with your insurance company stall, litigation may be the next step. Here’s what to expect:

1. Reviewing the Claim Settlement

After inspections, your insurance company will present a settlement offer. Compare this offer with your actual repair costs. If the offer is too low, negotiations or legal action may be necessary.

2. Initial Claim Negotiations

Many claims require multiple rounds of discussion. Keeping records of all communications strengthens your case and provides evidence to support your claim.

3. Filing a Lawsuit

If negotiations fail, your attorney will file a formal lawsuit in the appropriate Florida court. This complaint outlines your case against the insurance company and the compensation you seek.

4. Serving the Complaint

The complaint is formally served to the insurance company, notifying them of the legal action.

5. Discovery Phase

Both sides gather and exchange information. This phase may include depositions, requests for documents, and expert evaluations to build a strong case.

6. Pre-Trial Motions & Settlement Discussions

Before trial, attorneys may file motions to resolve procedural issues or attempt to settle out of court.

7. Trial

If no settlement is reached, the case proceeds to trial, where both parties present their evidence before a judge or jury, who will issue a final decision.

8. Post-Trial Proceedings

If the ruling is unsatisfactory, post-trial motions or appeals may be filed. Your attorney will guide you through this step if necessary.

Common Types of Property Damage Claims in Florida

As an experienced Florida property damage attorney, I handle claims for various types of losses, including:

• Hurricane & tornado damage

• Fire damage

• Water damage

• Flood damage

• Mold damage

• Roof damage

• Plumbing leaks

• Loss of use (additional living expenses)

• Broken or burst pipe claims

Each claim has unique considerations, and legal guidance is crucial to ensuring fair compensation.

Expected Timelines for Property Damage Claims Resolution

While every case is different, here’s a general timeline for property damage claims:

• Insurance Decision: Insurers now have 60 days to approve or deny a claim after it's filed, a reduction from the previous 90-day window. (Florida Statute § 627.70131(7)(a))

• Initial Inspection: Typically occurs within days to weeks after filing.

• Insurer Acknowledgment: Insurance companies must acknowledge receipt of a claim within 7 calendar days and begin an investigation within 7 days after receiving proof-of-loss statements.

• Physical Inspection Requirement: If a physical inspection is needed, it must be conducted within 30 days of receiving proof-of-loss statements.

• Litigation: If a lawsuit is filed, legal proceedings can take months to years, depending on court schedules and case specifics.

Key Takeaways:

• Never accept the first settlement offer without review.

• Different claim types require tailored approaches.

• Legal action may be necessary for a fair settlement.

• Patience and preparation are key to resolving claims.

Seek Legal Support for Your Florida Property Damage Claim

Successfully navigating a property damage claim in Florida requires expertise and persistence. With so much at stake, having an experienced property damage attorney on your side is critical.

Don’t settle for less than you deserve. Contact Kyle Staggs, Esq. today for a consultation and take control of your property damage claim.