Property Damage Attorney
Your hard work and money is invested in your home, commercial building or investment real estate property and when it is damaged due to a sinkhole, storm, fire, flood, water or sewer, toxic mold and mildew, we work hard to protect your property – as well as your safety and the safety of your guests.
Sinkhole Claims and/or Denials, Settling, Cracking or Collapse
Home or Building Settling or Cracking. House Settling or Cracking? Structural or Water Damage? Click HERE to learn about Sinkhole Symptoms! We can assist you from day one in filing your sinkhole claim with your homeowner’s insurance carrier, helping you reach larger settlements on already confirmed sinkholes or forcing your insurance company to acknowledge the presence of your sinkhole in the case of denials. We can also assist with other Property Damages Claims, including Mold & Mildew, Fire, Flood, Wind, Storm and Lightening claims. Most importantly, for Sinkhole claims, there are NO legal fee unless we collect!
Hurricane Claims and Disputes, Storm, Wind or Lightning Claims
Fire, Flood, Water or Sewer, Toxic Mold & Mildew Claims
When We Can Help You
We can help you at ALL stages of your Property Damage Claim either before you report the claim, while the claim is pending, if your claim was denied or if your claim not handled properly. Our goal is to maximize the valuation of your claim as expeditiously as possible.
Prior to contacting your insurance company (i.e. New Claim) – This is generally best for you, since we are able to offer you the most benefit by overseeing the entire claim process on your behalf (assisting to minimize any delays and maximize the valuation of your claim). In addition, we will retain our own expert to be present during the actual engineering borings to confirm that they are being conducted properly as well as insure that we have our own ‘raw data’ in the event the findings are not as you would have expected. By being involved early, we can help prevent the insurance company representative from taking a negative position with regard to your claim – which will help expedite the ultimate processing of your claim as well as help maximize the valuation of your claim.
During a pending claim with your insurance company (i.e. Pending Claim) – Even though you have already reported your claim to your insurance company, we can evaluate the situation and take it over from virtually any point in the claim process (before the actual engineering testing has taken place; after the engineering testing has taken place but before you receive the final results from the engineering firm, after you receive the final results the engineering firm or either before or after you have received an offer to settle from your insurance company). Again – the sooner the better (for the reasons outlined in the preceding paragraph). No matter what – you have virtually nothing to lose by retaining us to help maximize the valuation of your pending claim with your insurance company.
After your claim has been denied by your insurance company (i.e. Denied Claim) – If your insurance company has denied your claim and you still believe that the physical damages to your home, commercial building or investment real estate property may be the result of sinkhole activity, we will have your engineering results reviewed by our own engineering expert at our expense. Many times our engineering expert will point out flaws and/or deficiencies in the engineering reports that were provided to you by your insurance company and we can convince your insurance company to change their mind and treat your claim as a ‘confirmed’ sinkhole claim. Other times we have no choice but to file a lawsuit against your insurance company if they are not willing to change their mind amicably (based upon the written documentation that we provide to them). Of course, if our engineering expert agrees with the findings contained in your engineering report, we will review your insurance policy to ascertain if your damages could be covered by some other portion of the policy (i.e. perhaps collapse loss, for example). Again – in this scenario – you have absolutely nothing to lose and all to gain by retaining us to assist you in your denied claim.
After your claim has already been paid – we can reopen a previous claim (i.e. Reopen Previous Claim) – Even though you had already accepted a previous settlement from your insurance company, we may be able to reopen your claim if you were not compensated fairly and reasonably for the damages you had sustained or you are presenting experiencing worsening of previous damages or new damages (which is indicative that payment and/or repair process that was recommended was not adequate or proper). Generally speaking, you have five (5) years from the date of loss (most often this is the date you reported the claim to your insurance company). Furthermore, if your insurance company did not follow strict guidelines in evaluating and paying your claim in a prompt manner, they may be subject to a potential “Bad Faith” lawsuit, which may provide you with additional compensation beyond that listed in your insurance policy.
What We Can Do To Help
Under Florida law, your homeowner’s or commercial property insurance carrier usually must provide coverage for damage to your home, commercial business or real estate investment property caused by a sinkhole, storm, wind, lightning, hurricane, fire, flood, water, mold, mildew, sewer and structural damage. This damage could be fairly minimal or severe – we can help you under any circumstance. And remember, you may have hidden damages that may greatly exceed your insurance policy limits and we will work hard to ensure that you receive everything to which you are entitled.
If you have a good faith belief that you have sustained damages caused by one of the aforementioned, your insurance company has a statutory and fiduciary duty to promptly and properly investigate this damage. They first make an initial inspection at your property and if the adjuster believes that the damages noted could possibly be caused by a hurricane or storm, then they must obtain written estimates from certified and licensed contractors to repair said damages (or offer you funds for Loss of Use or Additional Living Expenses if the home or dwelling in severely damaged).
There are many potential hazards in dealing with your insurance company, several of which include delaying the evaluation of your claim, denying you the fair market value you deserve in a settlement or even denying coverage for your claim. Your insurance company oftentimes only retains experts whom they believe will provide less than the ‘gold standard’ in repair estimates. In other cases the investigations conducted by the experts retained by your insurance company may be inadequate or incomplete and therefore resulting in flawed results. Finally, many insurance companies recommend sub-standard repair methods to minimize the settlement or repair costs of your storm, wind, lightning or hurricane loss. Your insurance policy alone is not enough to guarantee you coverage or a fair representation from your insurance carrier.
The Law Offices of Joseph A. Porcelli, P.A. has represented numerous homeowners in disputes with their insurance company with regard to sinkhole, storm, wind, lightning, hurricane, fire, flood, water, mold, mildew, sewer and structural damage, quite possibly even someone in your neighborhood. Most people do not have the experience of resolving a property damage claim with their insurance company and are at a decided disadvantage vis-à-vis their insurance company. Our years of experience in assisting policyholders helps level the playing field to your benefit by thoroughly investing your damages in an expedient and professional manner. Our goal is to maximize the valuation of your claim as expeditiously as possible.
How You Pay For Our Legal Services
We offer a FREE SAME DAY CONSULTATION and we usually accept the above Property Damage cases on Contingency Fee Basis. Putting it in another way, if we do not obtain a recovery on your behalf, you will owe us NOTHING in legal fees nor do you have to reimburse us for your costs / expenses of our legal representation. Furthermore, if your insurance company did not follow strict guidelines in evaluating and paying your claim, they may be subject to a potential “Bad Faith” lawsuit, which may provide you with additional compensation beyond that listed in your insurance policy. In summary, you have nothing to lose and all to gain if you retain us to assist you in your property damage claim.