What to Expect in a Property Damage Lawsuit: A Guide for Homeowners

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When disaster strikes your home or business property, the aftermath can be overwhelmingly stressful.

In Texas, property owners frequently confront unique challenges related to insurance claims due to severe weather conditions like hail storms and floods. When you face the immediate challenge of roof repairs, navigating the complexities of insurance claims can add an additional layer of difficulty. For homeowners and commercial property owners, understanding the claim process, what to do if the claim is denied, and what entails a property damage lawsuit, is necessary to ensure the best outcome. 

The property damage lawyers at Stormlex Law Group are sharing their tips on how partnering with the right insurance litigation attorney can transform a property damage lawsuit into a manageable process, directly benefiting your financial recovery:

• Understanding Your Policy: Key areas where legal expertise can clarify your coverage.
• Navigating Claims: What a property damage lawyer can do to streamline the process.
• Legal Procedures: Steps of a property damage lawsuit.
• Importance of legal representation: How an insurance claim lawyer can help you.

Understanding Your Policy with an Insurance Litigation Attorney

Insurance policies are laden with complex legal jargon. If your claim is denied or paid unfairly, one of our insurance litigation attorneys can be of help by interpreting your policy and advocating on your behalf. We ensure that your insurance company honors your policy.

• Decoding Policy Terms with an Insurance Litigation Attorney: Insurance policies can be intricate and challenging to understand. An insurance litigation attorney helps break down the complex language if you have doubts about your insurance company’s claims resolution. An attorney ensures you fully understand your coverage and rights.
• Identifying Coverage Gaps with an Insurance Litigation Attorney: It’s important to know where your policy may lack coverage. An insurance litigation attorney identifies these gaps when they become problematic after a denied claim and can determine if a legal process is feasible. This approach saves you time and stress later.

Stormlex tip: You can also review our post on terms you need to know when filing a claim here.

Navigating Claims with an Insurance Litigation Attorney

Filing an insurance claim involves specific steps and precise documentation. Keep in mind that proper filing can hasten the claim process, and also that is your responsibility as a property owner to file your claim as soon as damage happens. Failing to do so can open an opportunity for your insurance to delay their response or to underpay for your damages.

Insurance adjusters aim to minimize what the company pays out. You deserve the same level of dedicated support. An insurance litigation attorney will act as your advocate after your claim is denied, ensuring your claim is treated fairly. This is crucial in maximizing your recovery and securing the compensation you deserve.

Legal Procedures of a Property Damage Lawsuit

When a property damage lawsuit is filed, it generally follows a structured legal process. Here’s a simplified breakdown of the steps involved:

1. Consultation with an Attorney

The first step is to consult with an insurance litigation attorney to discuss the damage, review the insurance policy, and assess the feasibility of a lawsuit. Then the attorney conducts a thorough investigation, gathering all relevant documents such as insurance policies, photographs of the damage, repair estimates, and previous communications with the insurance company. This step might also involve hiring experts to evaluate the damage.

2. Determining the Right Plan of Action

Your attorney will determine what the best plan of action for your claim is. This can look like filing a lawsuit or appraisal. While these options can sound scary and stressful, we promise that the attorneys at Stormlex Law Group take away that stress in aiding you with your claim. At the end of the day, your attorney wants to make sure you receive your full benefits and will advise you on what action may best get you that recovery.

3. Filing a Lawsuit

The insured’s attorney files a lawsuit in a civil court. During this step the attorney drafts and files a formal complaint with the court, stating the facts of the case, the amount of damages sought, and the legal reasons (causes of action) that the insurance company should pay.

4. Service of Complaint

The complaint and a summons (official notice of a lawsuit) are served to the insurance company, notifying them and requiring them to respond within a specified period, typically 20 to 30 days. The insurance company, now the defendant, files an answer to the complaint, which may include defenses and potential counterclaims against the plaintiff (the property owner).

5. Discovery

Both parties engage in discovery, exchanging documents and evidence through discovery tools such as interrogatories (written questions), requests for production of documents, and depositions (interviews under oath). This phase allows each party to understand the other’s claims and defenses.

6. Motions

Before trial, during or after discovery, either party may file motions to compel the other side to provide information, dismiss part or all of the lawsuit, or rule in their favor without a trial (summary judgment).

7. Settlement Negotiations

Often, both parties will attempt to settle the case out of court to avoid the costs and uncertainties of a trial. Settlement discussions can occur at any stage of the process. Very often, our attorneys end the litigation process here – saving you time, money, and stress. 

8. Trial

If settlement is not reached, the case goes to trial. Each side presents its evidence, arguments and witness testimony. Also, this process can be before a jury or a judge alone (bench trial).

9. Judgment

After hearing all evidence and arguments, the judge or jury makes a decision. If the verdict is in favor of the plaintiff, the judgment will include the amount of money the defendant must pay.

An Insurance Litigation Attorney and the Benefits of Their Legal Expertise

When your home or commercial property suffers damage and your claim is denied, Stormlex Law Group is ready to help. 

Hiring an insurance dispute lawyer can mean the difference between a swiftly resolved claim and prolonged disputes that drain your time and resources. Our experts not only interpret the legal jargon of your policy but also negotiate with insurance companies on your behalf, ensuring that your claim is fairly evaluated and compensated.

Your insurance company has experts working to protect its bottom line, we do the same for you.

Most insurance claims are settled outside of court. However, if a fair settlement isn’t offered, your insurance litigation attorney will be ready to go to trial. Being prepared for both scenarios is indispensable to ensure the best recovery.

Each property damage case can vary significantly depending on the details of the damage, the terms of the insurance policy, and the specific legal arguments involved. Legal representation is crucial in navigating this complex process effectively. 

Contact Stormlex Law Group

Due to the all too frequent and violent nature of storms that Texas is prone to, residents of San Antonio, Dallas, Austin, and other cities often experience significant property damage as a result. In your time of need and stress, you expect the insurance company to show up for you and your claim. That’s not always the case.

Negotiating with the insurance company can be a daunting and stressful task and Stormlex Law Group understands how essential it is to advocate for your rights and interests. Our insurance lawyers are prepared to present your case clearly and persuasively, using evidence and documentation to support your arguments.

Facing a denied insurance claim can be a challenging and overwhelming experience, but it’s important to remember that you have options and rights as a policyholder. By understanding your rights, gathering evidence, and seeking legal guidance, you can increase your chances of overturning the denial and obtaining the coverage you deserve. 

If you are currently dealing with a denied claim, give us a call at 855-STORMS-4 (855-786-7674) or send us an email at info@stormlex.com

Photo by Tingey Injury Law Firm on Unsplash