Under some circumstances, you may need to sue someone for damage to your Florida property, such as your home, business, or other real or personal property (e.g., furniture, clothing, or electronics). You would file suit in the Florida court system to get the money you need and deserve to cover your losses.
To best understand your options and learn how to sue someone for property damage, discuss your next steps with a Florida property damage lawyer. They can assess your case and determine if you should file an insurance claim, sue the at-fault party, or take other steps to recover the money you need and deserve.
When Would I Need to Sue Someone for My Florida Property Damages?
Property damage claims are generally settled through negotiations with the insurance provider. For example, imagine your home suffered damage during a hurricane. A Florida hurricane property damage lawyer would help you file a claim with your homeowners’ insurance company. Then, the insurance company would assess your damage, determine how much they believe it’s worth, and make an offer.
However, things do not always go smoothly. This process can become frustrating and overwhelming to manage, especially for property damage claims based on the following:
- Storm damage
- Fire damage
- Smoke damage
- Appliance or plumbing water damage
- Mold damage
- Roof damage
If the insurance carrier acts in bad faith and delays or inappropriately denies your claim, you might need to file a bad faith lawsuit against them.
What Is Bad Faith?
Bad faith insurance occurs when an insurance company fails to uphold its contractual obligations to policyholders in a fair and honest manner. Insurance policies are agreements in which the insurer is expected to act in good faith by handling claims promptly, thoroughly, and equitably. When an insurer violates these principles, it may be acting in bad faith.
Common examples of bad faith insurance practices include:
- Unjustly denying claims
- Delaying payments without valid reasons
- Offering unreasonably low settlements
- Misrepresenting policy terms
- Failing to investigate claims adequately
Victims of bad faith insurance can take legal action against the company to seek compensation for denied claims and any additional damages caused by the insurer’s misconduct.
Understanding your policy and documenting all interactions with your insurer are critical steps in protecting yourself against bad faith practices. If you suspect bad faith, a Florida bad faith insurance lawyer from our firm can help.
Other Reasons for Suing Someone for Property Damage
Other circumstances when you might need to sue for property damage include:
- When you have damage due to defective construction
- When a defective product causes the damage
- When your fire occurred because of arson
- When your losses are due to theft
- When you have damage caused by vandalism
In each of these cases, you could file a lawsuit. Alternatively, you might file an insurance claim and let your insurance carrier worry about holding the responsible parties liable. A property damage attorney can assess your options and help you make the best choice.
If your lawyer recommends filing a lawsuit, the potential value of the damages will determine the jurisdiction. Local county civil courts usually handle more minor cases, while the state’s circuit courts handle those worth $50,000 and more.
Let a Florida Property Damage Attorney Manage Your Claim or Lawsuit
When you hire a property damage lawyer to manage your Florida case, they will have the knowledge, experience, and resources to prepare and file a lawsuit if necessary. They can determine the correct jurisdiction, identify the liable parties, and represent your best interests by pursuing the case on your behalf.
Alternatively, they might pursue a claim with your insurance carrier or attempt to negotiate a settlement with the liable party’s insurer. You can trust them to handle your case and advocate for your best interests using the best possible legal strategy based on the circumstances.
As a part of this process, your lawyer will likely:
- Document your property damages and price repairs
- Document and value missing personal property
- Review applicable insurance policies for available coverage
- Handle all aspects of your case, including paperwork and communication
- Identify a fair settlement range for the case
- Negotiate with the insurance carrier or liable party
- Protect your rights and fight for fair compensation
- Represent you in court if the case goes to trial
How Long Do I Have to Sue Someone for Property Damage in Florida?
Under Florida Statutes § 95.11, you have up to four years to sue for compensation for property damage. However, some cases could have more than one applicable deadline. Your attorney can help you understand which deadline applies in your case.
If you want to file a claim with your insurance provider, you likely have less time. While your policy probably includes a limited time to notify your insurer of the damage, Florida law gives you longer to file a claim. Under Florida Statutes § 627.70132, you have up to a year to file your insurance claim. This clock begins ticking the day the damage occurs, such as the day a hurricane makes landfall.
If your insurance company acts in bad faith and you must sue them, a different statute of limitations applies. You can sue your insurer for failing to pay your valid claim under Florida Statutes § 624.1551.
What Damages Can I Recover in a Florida Property Damage Lawsuit?
Hiring a disaster recovery lawyer eases the process of identifying, itemizing, documenting, and valuing your losses. Taking these steps is often the most difficult and frustrating part of a case—especially if your items were stolen or destroyed.
There are several damages you can seek in your property damage claim or lawsuit, including the following:
- Repair of damage to any buildings, fences, or other structures on your property
- Replacement cost of structural components, such as broken windows and doors
- Damage to the contents within the structure, including stolen items
- Cleanup and remediation costs as needed
- Relocation expenses if you cannot remain in your home or business during repairs
- Business interruption costs if you cannot run your business during repairs
Under some circumstances, you could recover additional damages in these situations:
- Someone negligently caused property damage in an accident
- Someone suffered injuries in an incident
- Construction defects
- Bad faith by your insurer (e.g., the adjuster behaved in a particularly unprofessional manner)
Talk to Our Florida Team About Your Property Damage Claim
At GED Lawyers, one of our primary practice areas includes property damage claims. We know how to sue your insurer or another party for the compensation you deserve based on your Florida property damage. So, let us review your options today. Contact us to get started.
