Insurance Litigation Archives

What is Subrogation and How Can It Affect Your Insurance Claim?

RRBHLAWZEN October 10, 2024Insurance Litigation

Did you know that your insurance company could have the right to go after a third party to recover the money they’ve paid out on your behalf? It’s called subrogation and could play a big role in your insurance claim. If you’ve ever filed a claim after an auto accident or a workplace injury, subrogation might already be working in the background without you knowing it. But what is subrogation? Understanding what it is and how it impacts your insurance claim is important. It’s one of those legal concepts that can directly affect the money you recover after an accident. In this blog post, we’ll walk you through exactly how subrogation works, the types of insurance policies it applies to, and why it matters to your final payout. What is Subrogation? Subrogation is when an insurance company can recover payment from the person at fault for an incident after covering your claim. If you’ve had an accident or injury, your insurance company may seek reimbursement for the damages they covered from the responsible party. Subrogation is a legal strategy insurance companies employ to shift the financial burden onto the party at fault rather than the blameless party or their insurance …

4 Secret Tactics of an Insurance Claim Adjuster

RRBHLAWZEN March 13, 2024Insurance Litigation

When you file an insurance claim, you expect fair treatment and a swift resolution. However, navigating the complexities of insurance claims can be daunting, especially when faced with the tactics employed by insurance claim adjusters. These professionals are skilled in maximizing profits for their companies, often at the expense of claimants. In this blog, we’ll delve into the common insurance claim adjuster’s secret tactics and how you can protect yourself. What are an Insurance Claim Adjuster’s Secret Tactics? Building Trust to Minimize Payouts One primary tactic insurance claim adjusters use is building trust with claimants. They may present themselves as empathetic and understanding, aiming to establish rapport. While this may seem genuine, it often serves the purpose of minimizing payouts. By appearing friendly and cooperative, adjusters may persuade claimants to settle for less than they deserve. It’s essential to remember that adjusters represent the interests of the insurance company, not the claimant. To counter this tactic, maintain a level-headed approach and avoid divulging unnecessary information. Stick to the facts of your claim and refrain from discussing personal matters with the adjuster. Additionally, consider seeking guidance from a legal professional who can advocate for your rights and ensure fair treatment throughout …

Comparative Negligence Explained: If I’m Partially at Fault, Can I Still Sue?

RRBHLAWZEN March 14, 2023Insurance Litigation

Have you found yourself in a situation where you believe you are partially at fault for an accident? For example, you were speeding or texting while driving, resulting in a collision. It’s natural to wonder what is comparative negligence and if you still have the right to sue for damages. The good news is that you can still pursue legal action, but you must be aware of comparative negligence laws. In this blog, we will delve into what comparative negligence is, how an attorney can help establish it, and the damages you can seek in your personal injury claim. What Is Comparative Negligence? Personal injury accidents can happen at any time, leaving individuals with physical, emotional, and financial damages. But what happens when the injured party is partially at fault for the accident? Can they still sue for damages? In Florida, the answer is yes, thanks to the concept of comparative negligence. Comparative negligence is a legal principle determining the percentage of fault for each party involved in an accident. This principle is used to assess liability and determine the amount of damages a plaintiff can recover. For example, if you are injured in an accident, your recovery can be …

Home Insurance Company Offering Low Settlement? Here’s What to Do

RRBHLAWZEN March 7, 2023Insurance Litigation

Are you frustrated with your home insurance company offering low settlement amounts for your claim? Don’t worry; you’re not alone. Many homeowners face this situation, but it’s essential to know what steps to take to get the money you deserve. In this blog, we’ll guide you through three essential steps you can take when your insurance company tries to shortchange you. We’ll also underscore the importance of enlisting the help of experienced professionals who specialize in insurance claim disputes to ensure you get every penny you’re owed. Insurance Company Offering Low Settlement? 3 Steps to Take Review Your Claim and Insurance Settlement Offer The initial step you should take upon receiving a low settlement offer from your insurance company is to review both your claim and the settlement proposal meticulously. It’s critical to understand the insurance company’s reasoning for considering it a fair settlement and the particulars of what they are offering you. Examine the details of your claim, including the type and extent of the damage incurred, the policy’s coverage limits, and any applicable deductibles. Evaluate the settlement offer to ascertain how it corresponds to your claim specifics. If you have any reservations regarding your claim or the settlement …

Can You Sue a Nursing Home For Negligence?

RRBHLAWZEN February 19, 2023Insurance Litigation

“Can You Sue a Nursing Home For Negligence?” This is a question that many families ask when their elderly loved one is subjected to mistreatment or abuse in a nursing home. As the trial for a Hollywood Hills nursing home administrator begins this month for the negligence the nursing home showed its residents during Hurricane Irma shows, it’s an important question to answer. Negligence can take many forms and can cause harm to residents in numerous ways, from medical to physical, emotional, or financial abuse. This article will provide a brief overview of nursing home negligence and the legal options available to families who have suffered due to the actions or inaction of a nursing home or its staff. Can You Sue a Nursing Home For Negligence? Yes, you can sue a nursing home for negligence if you have suffered injuries or financial loss due to poor treatment in the facility. The following laws are relevant in a nursing home negligence case: Florida Nursing Home Bill of Rights This law, found in Florida Statutes 429.28, outlines the rights of individuals living in care facilities. It states that residents have the right to live free of physical, mental, emotional, and financial …

Why Insurance Companies Will Underpay Hurricane Ian Victims

RRBHLAWZEN November 2, 2022Homeowners' Insurance, Hurricane damage, Insurance Litigation

Why will insurance companies underpay hurricane Ian victims? With Hurricane Ian ripping through Florida, there are huge consequences for real estate. One week after Hurricane Ian struck, tens of thousands of Floridians have property damage and are turning to their insurance companies hoping they’ll pay up. Hurricane Ian has left a trail of destruction in its wake after it made its way across Florida. In the aftermath, there’s been a lot of talk about how insurance companies are unfair to hurricane victims. We’ll explore what’s going on and why this is happening in this article! What is Hurricane Insurance? Hurricane insurance is a type of insurance that protects homeowners and businesses from damages caused by hurricanes. FEMA will only cover damage to the first 3 feet of your property if you have a total loss due to Hurricane Ian. After that, you’ll need to seek coverage from your hurricane insurance. What is Concurrent Causation? Concurrent causation is a mechanism used in insurance claims to handle losses that arise from more than one cause. For instance, Hurricane Ian caused both wind damage and storm surge. Depending on the circumstances and the policy, damages from both causes may be covered even if …

How Much Is a Traumatic Brain Injury Worth?

RRBHLAWZEN August 18, 2022Insurance Litigation, Personal Injury Lawyer Florida

Wondering how much is a traumatic brain injury would be worth? This article shares information about calculating damages for traumatic brain injuries. A traumatic brain injury or TBI can have devastating effects. The most common cause of death and disability in children aged 15 to 44 is traumatic brain damage. Some of the impacts they may cause can be subtle, but others are not. Therefore, it is important to be proactive in pursuing brain injury compensation because if you don’t, you could suffer various health and financial problems. What is a Traumatic Brain Injury? A traumatic brain injury (TBI) is a severe injury to the brain that can cause significant long-term problems. The most common type of TBI is an accident that causes the head to hit something hard, such as the ground. Other kinds of TBI include being hit in the head by a ball or being shot. Even mild TBI can cause long-term problems, including memory loss, trouble concentrating, and difficulty speaking. How Much Is a Traumatic Brain Injury Worth? There is no way to tell how much your case will settle for, but it will likely be between $100,000 and $7 million in the worst cases of …

How Long Does a Home Insurance Claim Take in Florida?

RRBHLAWZENblog April 25, 2022Homeowners' Insurance, Hurricane damage, Insurance Litigation, Property Insurance

How long does a home insurance claim take in Florida? When you file a homeowners insurance claim in the Sunshine State, you might expect immediate relief. Here’s why that’s a mistake. While it is practically impossible to pinpoint how long an insurance claim will take to pay out, there are a few milestones you can rely on to get an idea about what to expect. It can take days, weeks, or even months—sometimes even years—before you see a single cent from your insurance provider. It all depends on the circumstances surrounding your claim. Here are some things to keep in mind as you wait for the insurance company to cut you a check. How long does a home insurance claim take in Florida? In Florida, insurance companies have 90 days to notify you whether they have accepted or denied your claim. If your insurance provider approves your claim, the Florida Statues state that they must pay you within 20 days of their decision. If they do not pay your approved claim within this timeframe, the payout will accrue an interest rate of 12% per year. The larger the claim, the more likely your provider is to use the whole …

When Is Hurricane Season in Florida? Your 2022 Guide

RRBHLAWZEN April 20, 2022Hurricane damage, Insurance Litigation, Property Insurance

When is hurricane season in Florida? Learn everything you need to know about it in this article. You have to deal with hurricanes and tropical storms when you live in Florida, especially in the coastal areas. Florida is plagued by hurricanes every year. The same holds true wherever you live in Florida, whether you live in Miami, the Florida panhandle, Jacksonville, southwest Florida, or anywhere else. However, do you know when hurricane season begins in Florida? Usually, the hurricane season in Florida starts around mid-summer and lasts until October. It is estimated that the Sunshine State will be most likely to be hit by a landfall hurricane in September. History of hurricanes and their frequency Hurricanes and severe weather have a long history in Florida. The state is frequently affected by extreme weather events. However, how frequent are they? According to Universal Property, there have been 120 hurricanes recorded in the form of Florida since 1851. What is the frequency of hurricanes in Florida? According to Best Places, tropical storms and hurricanes affect Florida approximately every three years. Therefore, it is essential to be aware of when hurricane season occurs each year if you live somewhere where it happens. …

Insurance company underpaid claim? What to do.

Miami Property Insurance Claim FAQs: What to Expect After Filing

RRBHLAWZEN December 30, 2021Insurance Litigation, Property Insurance

Property insurance claims are a hot topic these days. In this blog, you’ll find out how to answer some of the most common property insurance claim FAQs, including what to do if the insurance company underpaid your claim. As a homeowner, you know that your property insurance is there to help protect your investment and your family. However, you might be wondering if your insurance provider will raise your rates after a claim or two. Listed below are some questions and answers about property insurance to give you an idea of what to expect after a claim. With property insurance, nothing can truly be taken for granted. Even though homeowners may think they know what they’re doing when it comes to their coverage, it’s always important to keep up with changes in circumstances and remain vigilant of any potential changes to your policy. If you don’t know what to expect after filing a claim, these questions and answers may help. The insurance company underpaid my claim. What can I do? The amount of compensation you receive for your claim depends on a few different factors. Your coverage limits, the costs of repairs or replacement, and the extent of the damage …

What Is Insurance Litigation? A Quick-Reference Guide

RRBHLAWZEN December 10, 2021Insurance Litigation

What is insurance litigation? If you are coming across this term for the first time, you might need an attorney to help you get the compensation you deserve. You have many insurance policies to protect you against a wide variety of unlucky circumstances. Your car insurance protects you in case someone crashes into you. Your homeowners’ insurance pays out when your home is damaged in a storm, or someone gets hurt on your property. The reason you pay your premiums–which can be quite expensive–in full and on time is that you expect the insurance company to hold up their end of the bargain. Unfortunately, that doesn’t always happen, and without legal action against unfair practices, you could be looking at massive costs. Insurance litigation can help you fight back. What is insurance litigation? Insurance litigation is the legal process by which insurers and policyholders dispute the meaning and interpretation of an insurance policy. From the policyholder’s perspective, insurance litigation is an avenue to dispute a denied claim, an underpaid claim, or bad faith insurance practices designed to limit the amount of a settlement. Insurance providers owe their policyholders a certain standard of care. Most policyholders expect …

Cast iron pipe lawsuit: fix your home's old plumbing

Cast Iron Pipe Lawsuit: Does Home Insurance Cover Cast Iron Pipes?

RRBHLAWZEN October 18, 2021Homeowners' Insurance, Insurance Litigation

Has your home insurance provider denied your claim? It might be time to file a cast iron pipe lawsuit. Your home should be a place where you can sit back, relax, and enjoy yourself. Unfortunately, for many homeowners with cast iron plumbing, home seems to be a constant source of stress. Cast iron is prone to corrosion, which can cause thousands of dollars of property damage if it forms a leak. Replacing cast iron pipes can cost tens of thousands. Will your homeowners insurance cover repairs? If your insurance provider decides to put profits over honoring your policy and denies or underpays your claim, you don’t have to sit there and take it. You have options. Here’s what you should know about cast iron plumbing, insurance, and filing a lawsuit if you are denied. Does home insurance cover failing cast iron pipes? Insurance companies often try to pass off damage caused by leaking cast iron pipes as the homeowner’s fault. While plumbing maintenance falls to the homeowner, you might be eligible for coverage in some cases, but your insurance provider will not make the process easy for you. Here are a few things you can do to increase your chances …

How to Identify Roof Wind Damage and Get Your Claim Settled

RRBHLAWZEN September 22, 2021Homeowners' Insurance, Hurricane damage, Insurance Litigation

Worried that your roof might have been damaged by high winds? In this article, we break down how to identify roof wind damage so you can start the claim process. The next time you are outside, take a look at your roof. Do you notice anything…off? Do the shingles look worn? Does anything seem to be missing? Some indications that high winds have damaged your roof are easy to spot—you may even be able to see them from the street. Others may require a closer inspection. Either way, it’s critical to know how to identify roof wind damage to prevent serious issues like leaking ceilings and mold. If you are even slightly concerned about the state of your roof, these tips will help you identify problems so you can notify your insurance. When to Look for Roof Wind Damage When winds reach 45 mph or higher in your area, you should take some steps to ensure that your roof is still in good shape. At this speed, dead tree limbs can fall onto your roof and damage the shingles. At higher speeds, the wind can even rip shingles completely off their nails. Wind speeds of 75 mph and higher are …

storm surge - the most dangerous part of a hurricane

The Most Dangerous Part of a Hurricane Can Leave Your Home in Ruin

RRBHLAWZEN June 23, 2021Homeowners' Insurance, Hurricane damage, Insurance Litigation

Though high winds can cause significant damage to your home, they are not the most dangerous part of a hurricane. Learn about the dangers of storm surge and how to protect your property. During a hurricane, storm surge is the most dangerous threat to life and property. About half of lives lost during hurricanes are due to storm surge, and billions of dollars in property damage is possible from a single storm. To help you understand the risk of storm surge as we make our way into hurricane season, here are some facts about this hazard and what you can do to protect yourself. The Most Dangerous Part of a Hurricane: What Is Storm Surge? Storm surge refers to the abnormal rising water levels near the coast caused by high hurricane winds. Water is displaced onto coastal land, causing flooding in low-lying areas. When combined with rough ocean waves, storm surge can not only cause water damage and mold infestation to at-risk homes but also structural damage. During especially destructive storms, these factors can make your home uninhabitable. Steps to Take to Protect Your Home If your home is located in an at-risk area, it is critical to be ready …

How to Prepare a Bad Faith Claim Against Your Homeowners Insurance

RRBHLAWZEN May 14, 2021Insurance Litigation, Property Insurance

Has your homeowners insurance used bad faith tactics to avoid paying out your full settlement or deny your claim outright? You may have recourse through a lawsuit for a bad faith claim. This article offers a strategy. Do you believe your home insurer has failed to investigate your claim properly? Were you denied coverage without explanation? Have they delayed your settlement payment for an unreasonable amount of time? You may be able to file a bad faith claim against your insurer to get the compensation you deserve under your policy. Your insurance provider has a duty to deal with you in good faith. If you feel you are being treated unfairly, here are some steps you can take to increase your chances of winning your case. Preparing for a Bad Faith Claim Speak to Your Attorney From day one, you should be communicating with an attorney about your homeowners insurance claim. Your lawyer understands how the process can and should play out, so having them there to guide you can keep you from making avoidable mistakes that could jeopardize your claim. Document Everything If your claim is denied, you then need to start documenting everything you can. Get all the …

4 Types of Catastrophic Car Accident Injuries That Should Be Compensated

RRBHLAWZEN May 5, 2021Insurance Litigation, Personal Injury Lawyer Florida, Vehicle Accidents

Catastrophic car accident injuries require serious medical attention. This article discusses a few situations in which you should seek compensation. Not all car accident injuries require the same amount of medical attention. Not all of them cause the same amount of pain and suffering, either. A catastrophic injury can change your life forever, leaving you with piles of medical bills and unable to work. On top of it all, your injury could leave you in constant pain and require years of rehabilitation to overcome—and that is often a best-case scenario. When your life is so irretrievably shattered, you deserve to be compensated. If you or a loved one suffer any of the following catastrophic injuries, you should speak to an attorney about what you need to do to get a fair settlement. Catastrophic Car Accident Injuries That Should Be Compensated Spinal Cord Injuries Spinal cord injuries can cause a wide range of issues, from diminished sensation to complete paralysis. Paraplegia and quadriplegia—the loss of function of the legs or all limbs respectively—can mean a life spent in a wheelchair. Aside from the lifelong cost of care following a spinal cord injury, there are also damages like loss of enjoyment and …

Can I Sue My Insurance Company for a Better Settlement?

RRBHLAWZEN March 22, 2021Insurance Litigation

Can I sue my insurance company? Get the answers to your questions. Here’s what you need to know about suing your homeowners insurance company for a fair settlement. If you have ever filed a claim with your homeowners insurance provider and felt like you should have gotten more compensation when the check came, you are not alone. As profit-driven enterprises, insurance companies have gotten really good at paying out as little as possible for claims, even when they know that their offer is not even close to what it should be. So, the question is, can you do anything about it? Can you sue them for a fair settlement? The answer? Yes, You Can Sue Your Insurance Company In some cases, litigation is your only remedy when the insurance company does not hold up its end of the bargain. You may find yourself in many different situations where you need to file a lawsuit for your property damage claim. For instance, if you believe they are acting in bad faith, have wrongfully denied your claim, or are delaying your settlement, you may need to sue. When Can I Sue My Insurance Company? Just like people are expected to follow the …

Why Mold Insurance Claims Get Denied

RRBHLAWZEN February 12, 2021Homeowners' Insurance, Insurance Litigation, Property Insurance

Words are important, especially in the legal industry. Homeowners insurance policies are often vague in their wording when it comes to mold coverage. Insurance providers sometimes deny mold insurance claims because of how a policy lays out what it covers—for the homeowners who receive a denial, that can mean they are out thousands of dollars. In a typical mold coverage case, the fate of the claim often hinges on one thing—whether the mold is a result of covered damage. Here’s what you need to know about mold insurance claims. When Does Homeowners Insurance Cover Mold? As mentioned above, in most homeowners insurance policies, mold removal is only covered when it is the result of a covered peril. Therefore, if a pipe bursts (or you experience other covered water damage) and the moisture causes mold to grow, you could file a claim for mold removal and the repair of anything permanently damaged by the mold, as well as any damage caused by the water. The primary stipulation to remember is this: if your homeowners insurance policy covers sudden, accidental water damage, you should be covered if any mold results from the water damage. Here are a few common examples of covered …

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