Do Homeowners Usually Win Lawsuits Against Insurance Companies?

Once you and your attorney have determined that filing a lawsuit against the insurance company is the best way to go, the insurance company will have to be informed of your decision through a document that your attorney will send to them.

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Bridget Houlihan

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Jan 21, 2021

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If you have filed a claim for damages and your insurance company has come back to you with a denial of your claim, you may be wondering if it is worth it for you to file a lawsuit against them. After all, you know you have sustained damages and have had to pay for many items out of pocket while you wait for their decision, only to be disappointed. If this has happened to you, the insurance lawyers at Florida Home Claim, P.A. recommend you waste no time hiring legal representation to file a lawsuit against the insurance company. After all, you are convinced that letting them win should not be an option. Read on to find out what else you can do to increase your odds of winning.

Gather As Much Information as Possible

At this point, you may feel frustrated and tired after trying to get your insurance company to respond as you expected, only to feel as if you have been hitting a wall. Still, it may be worth your time to gather all the information you can get. Put together a file in which you include copies of every email, letter, the gist of every phone conversation, and the name of every person you have been in touch with. With this information, your attorney can build a stronger case on your behalf. If you are working with a contractor to fix damages to your home or are dealing with injuries due to a car accident, add to the file your medical records or the cost of any repairs that the contractor has had to make to make your home livable. With all this information, your lawyer can also place an accurate value on your claim.

Determine Your Chances

Talk openly with your attorney about your story and the steps you have taken so far. Ask them to answer any questions or concerns you may have and work together to determine your chances of winning the lawsuit before going any further.

Discovery, Mediation, and Trial

Once you and your attorney have determined that filing a lawsuit against the insurance company is the best way to go, the insurance company will have to be informed of your decision through a document that your attorney will send to them. Their answer will not arrive overnight, so be prepared to be patient in these cases if you want the lawsuit to be successful.

If your attorney is unable to reach a settlement through negotiations, mediation will be the second option. Fortunately, outcomes may change completely during a trial, and if mediation also does not yield the desired results, this is where you may end up.

Should the judge determine that your claim is valid and the insurance company has to pay the amount you deserve, do not start celebrating yet. Keep these documents and any other correspondence in your file because it is common for some insurance companies to take their time paying, even after the ruling is in your favor. Never lose contact with them because this is precisely what they are hoping and expecting you will do.

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