FAQs
Helpful Information on Property Damage and Personal Injury
FAQs: What You Need to Know When Dealing with Property Damage and Personal Injury
Whether you were injured in an auto accident or a storm damaged the roof of your home, you’ll likely be dealing with an insurance claim. Sometimes the insurance company will offer you a fair amount for your claim. But more often, they try to avoid paying large claims and pressure you to accept an early settlement.
At the Lady Law Group, we aren’t afraid to negotiate with insurance firms. We will fight for the recovery that you deserve and won’t let anyone bully you. This page will explain the most Frequently Asked Questions we hear when clients contact a personal injury lawyer or property damage lawyer for the first time.
If you are injured in an accident, you should always call law enforcement. The police will create an official record of the accident, including witness statements. You should avoid saying things like “I’m sorry” or accepting blame. Seek emergency medical care, even if you don’t think your injuries are debilitating. Injuries sometimes get worse or appear days after an accident. In any incident, you should record the damage by taking pictures of the scene.
A property insurance company relies on you to prove your damages and losses. It’s up to you to report an incident. First, take stock of the damages. Have an inventory of your valuable belongings and keep the damaged items to prove the value of your loss. Don’t make any repairs until the insurance adjuster has accounted for the damages, and then keep receipts for the costs. Finally, don’t settle for the first offer. You deserve to be compensated for the full value of your loss, as per your policy. A property damage attorney can help you reach a fair settlement of your claim with the insurance company.
Florida expects you to file a claim with your own personal injury protection (PIP) insurance after an accident. Your insurance should cover medical expenses and a portion of your lost wages, up to the policy limit, regardless of who is at fault. However, you may have serious injuries, and your medical expenses might exceed the policy limits. In these cases, the state may allow you to file a lawsuit to recover from the at-fault party.
You must prove that the other party acted negligently and caused your injuries to win a lawsuit. Negligence is a legal concept that says reasonable people should act in a certain way, called the standard of care. Driving rules, such as stopping at a stop sign, are a standard of care for all drivers. If someone runs a stop sign and hits you, they have acted negligently. They did not follow the standard of care for a reasonable driver. Therefore, they are responsible for any damages their negligent action causes.
If you make a personal injury protection claim with your auto insurance company after a car accident, they have 30 days to pay your claim. After submitting a claim for property damage on your homeowners insurance, your insurance company must respond within 14 days. Then, they have 90 days to accept or deny your claim. If the insurance company does not respond appropriately, you may file a lawsuit against them based on your contract.
Florida law defines property insurance as coverage for “loss or damage from any and all hazard or cause,” and any loss consequential to that loss or damage. Even basic homeowners insurance should cover damages from fire or smoke, explosions, lightning, hail and windstorms, theft, vandalism, damage from vehicles, damage from aircraft, riots and civil commotion, and volcanic eruption. The perils covered by your insurance depend on the terms of your policy. If your insurance company has denied your claim, an attorney can help you understand your legal options under your policy’s terms.
PIP insurance typically reimburses you for the value of your medical expenses and a portion of your lost wages. If you have collision coverage, it will reimburse you for your property damages. Or if the other party was at fault, their insurance will pay for property damage. The insurance may pay replacement value or fair market value for the property, depending on your policy. If you are eligible to file a lawsuit, you may be able to claim your full lost wages as well as damages for loss of quality of life and pain and suffering.
Florida requires victims of negligence to file lawsuits within four years of an accident. If your loved one died after an accident, the surviving family has two years from the date of death to file a lawsuit. For property damages, the law gives you three years from the date the damage occurs to file a claim. In any case, if your insurance company is not responsive, the law allows you five years to file a lawsuit against them for bad faith.
Florida follows pure comparative fault law. Pure comparative fault means you can recover from a negligent party even if your actions were a substantial factor in causing an accident. However, the amount of damages you can recover will be reduced by your percentage of fault.
When you contact the Lady Law Group, we’ll start by negotiating with your insurance company. If the insurance company refuses to offer you a fair settlement, we may need to take your case to trial.
You don’t always need a property damage lawyer to file an insurance claim after an incident. But if the insurance company isn’t offering you a fair settlement, an attorney has the experience to present evidence of your claim and stand up to a stubborn insurer. Even more importantly, a good personal injury lawyer will take your case on a contingency basis. You don’t need to pay until you win. At the Lady Law Group, we will listen to your situation with compassion and will fight to secure the compensation you deserve.
If you are injured in an accident, you should always call law enforcement. The police will create an official record of the accident, including witness statements. You should avoid saying things like “I’m sorry” or accepting blame. Seek emergency medical care, even if you don’t think your injuries are debilitating. Injuries sometimes get worse or appear days after an accident. In any incident, you should record the damage by taking pictures of the scene.
A property insurance company relies on you to prove your damages and losses. It’s up to you to report an incident. First, take stock of the damages. Have an inventory of your valuable belongings and keep the damaged items to prove the value of your loss. Don’t make any repairs until the insurance adjuster has accounted for the damages, and then keep receipts for the costs. Finally, don’t settle for the first offer. You deserve to be compensated for the full value of your loss, as per your policy. A property damage attorney can help you reach a fair settlement of your claim with the insurance company.
Florida expects you to file a claim with your own personal injury protection (PIP) insurance after an accident. Your insurance should cover medical expenses and a portion of your lost wages, up to the policy limit, regardless of who is at fault. However, you may have serious injuries, and your medical expenses might exceed the policy limits. In these cases, the state may allow you to file a lawsuit to recover from the at-fault party.
You must prove that the other party acted negligently and caused your injuries to win a lawsuit. Negligence is a legal concept that says reasonable people should act in a certain way, called the standard of care. Driving rules, such as stopping at a stop sign, are a standard of care for all drivers. If someone runs a stop sign and hits you, they have acted negligently. They did not follow the standard of care for a reasonable driver. Therefore, they are responsible for any damages their negligent action causes.
If you make a personal injury protection claim with your auto insurance company after a car accident, they have 30 days to pay your claim. After submitting a claim for property damage on your homeowners insurance, your insurance company must respond within 14 days. Then, they have 90 days to accept or deny your claim. If the insurance company does not respond appropriately, you may file a lawsuit against them based on your contract.
Florida law defines property insurance as coverage for “loss or damage from any and all hazard or cause,” and any loss consequential to that loss or damage. Even basic homeowners insurance should cover damages from fire or smoke, explosions, lightning, hail and windstorms, theft, vandalism, damage from vehicles, damage from aircraft, riots and civil commotion, and volcanic eruption. The perils covered by your insurance depend on the terms of your policy. If your insurance company has denied your claim, an attorney can help you understand your legal options under your policy’s terms.
PIP insurance typically reimburses you for the value of your medical expenses and a portion of your lost wages. If you have collision coverage, it will reimburse you for your property damages. Or if the other party was at fault, their insurance will pay for property damage. The insurance may pay replacement value or fair market value for the property, depending on your policy. If you are eligible to file a lawsuit, you may be able to claim your full lost wages as well as damages for loss of quality of life and pain and suffering.
Florida requires victims of negligence to file lawsuits within four years of an accident. If your loved one died after an accident, the surviving family has two years from the date of death to file a lawsuit. For property damages, the law gives you three years from the date the damage occurs to file a claim. In any case, if your insurance company is not responsive, the law allows you five years to file a lawsuit against them for bad faith.
Florida follows pure comparative fault law. Pure comparative fault means you can recover from a negligent party even if your actions were a substantial factor in causing an accident. However, the amount of damages you can recover will be reduced by your percentage of fault.
When you contact the Lady Law Group, we’ll start by negotiating with your insurance company. If the insurance company refuses to offer you a fair settlement, we may need to take your case to trial.
You don’t always need a property damage lawyer to file an insurance claim after an incident. But if the insurance company isn’t offering you a fair settlement, an attorney has the experience to present evidence of your claim and stand up to a stubborn insurer. Even more importantly, a good personal injury lawyer will take your case on a contingency basis. You don’t need to pay until you win. At the Lady Law Group, we will listen to your situation with compassion and will fight to secure the compensation you deserve.