Homeowner’s insurance is there to help when you have a claim for your house, but also if you are injured at another homeowner’s house. To submit a claim, you must go through a specific process, but also deal with the claims adjuster from the insurance company. While you can certainly do this alone, most victims find the process easier and faster when they have an attorney there to help.
To decide if you need an attorney for the process, consider the type of injury, the time you have, and what you expect from filing your claim.
Do You Need an Attorney?
Most of the time, claims between homeowners and insurance companies go without issue. However, if you find yourself at an impasse, you may need an attorney to come in and settle the disputes and resolve the claim. Hiring an attorney can be your best option, especially if your settlement value is much higher or you feel a lawsuit is your only option to receive fair compensation.
Filing the Lawsuit Before the Claim Settles
If the homeowner’s insurance claim settles, you cannot file a lawsuit.
That is part of the homeowner’s insurance claim process. The insurer will have you sign an agreement once a settlement is agreed upon stating that you will not sue them and you release them from all further liability on that claim by accepting the settlement. Future claims do not apply to this agreement; instead, you are only agreeing to no longer sue for the current claim and settlement.
Filing the Homeowner’s Insurance Lawsuit
In the middle of a claim with your insurance company or another insurance carrier, if the settlement and negotiations break down, you have the possibility of legal action – if you file your lawsuit early enough.
Some reasons a homeowner may hire an attorney to file a lawsuit include:
- Unreasonable denials of the claims. If the insurance companies have denied coverage or the claim without reason or citing unreasonable circumstances, you may be able to file a lawsuit and recover damages.
- Disagreement with insurance claims adjusters. The claims adjuster is not your friend, and when you start to disagree with the settlement offered, you will see that fact quite quickly and clearly. When the settlement or terms of the settlement are not something you can agree to, the finalization process will slow. With an attorney, negotiations continue and your attorney will not rest until the insurance company has offered something fair and reasonable for your injuries and claims.
- Severe undervalue of the claim. Sometimes homeowner’s insurance offers to settle, but they severely undervalue your case. In these cases, they could offer thousands under what your case is worth. For example, in a slip and fall, the insurance may only offer settlements that cover past medical costs – but not future costs associated with your injury.
Speak with an Advocate About Your Claim
After an injury, see a doctor. Then, notify the insurance company of your intentions, but do not give any recorded statements. Finally, speak with an attorney to explore your options. An attorney will evaluate your case and help decide how much your case is worth.
For assistance with your claim, speak with an attorney from the Law Offices of David M. Benenfeld, P.A. by calling 954-677-0155 to request a free consultation. You can also request more information online.