With steadily occurring natural disasters, owning property comes at significant risk. A badly damaged home or business can easily put you at serious risk of losing not just your investment, but your hard-earned standard of living. If you have been a victim of property damage, when should you hire a personal property damage lawyer and when should you work directly with your insurance company?

In the aftermath of a bad accident on your property, it can be hard to know when you need legal help. Dealing with insurance companies can be a struggle, too. Their rules are often stringent and highly specific, leading to frustrations with policyholders who are simply attempting to recover damages in good faith. So when are you supposed to hire an attorney? 

If you own property that’s been damaged because of a natural accident or an accident caused by someone else’s wrongful acts, a seasoned property damage lawyer can help improve your odds of coming out of the situation with the largest amount of recovered damages possible. 

Use the points outlined here to decide when to hire an attorney for a property damage claim. 

What is Property Damage?

Property damage involves the physical harm, loss, or destruction of personal or real property caused by incidents such as natural disasters, accidents, or malicious actions. It can include damage to homes, vehicles, or other possessions, and navigating insurance policies is essential for determining coverage and compensation.

What Kinds of Property Damage Can Be Recovered

In states across the country, homeowners are deeply concerned about hurricanes, flooding, wildfires, earthquakes, tornadoes, and other natural disasters. This can hardly be considered unreasonable when such disasters cost victims $91 billion in 2018 alone. 

On top of the natural disasters currently plaguing the planet, there are also unfortunate cases of human-caused property damage. Theft, vandalism, and damage due to construction or vehicle accidents are all potential hazards when you own property.

A property damage claim can extend to any insured property including cars, boats, airplanes, art, collector’s items, and more. However, the most likely situation that would warrant a property damage lawyer is damage to a home or business. An insurer should cover any sort of accidental damage that can’t be attributed to the property owner’s negligence.

This includes but is not limited to:

• Hurricane damage
• Tornado damage
• Wind damage
• Water damage
• Flooding damage
• Mold damage
• Fallen tree damage
• Storm damage
• Fire and smoke damage
• Hail damage
• Theft
• Vandalism
• Damage to a property due to an auto accident
• Sinkhole damage

Despite this, your insurance company is likely betting you don’t fully understand your policy and will deny your claim if they believe you won’t fight back. On top of all that, the claims adjusters who work for the insurance company won’t give you the benefit of the doubt when evaluating the damage. Let’s look into insurance policies in more detail now.

Understanding Insurance Policy Clauses and Common Missteps

Insurance policies often contain complex clauses that can confuse policyholders. Two of the most commonly misunderstood concepts include:

1. Exclusions: Many policies exclude specific types of damage, such as flooding or mold. Understanding these exclusions helps you determine whether your claim is valid.
2. Replacement Cost vs. Actual Cash Value: Replacement cost covers the cost of repairing or replacing damaged property without factoring in depreciation. In contrast, actual cash value considers depreciation, often resulting in a lower payout.

Insurers may use ambiguous language to deny claims or limit payouts. Familiarizing yourself with your policy’s terms and knowing about bad faith laws can help you counter these tactics effectively.

How a Lawyer Can Help 

Homeowner’s insurance and business insurance are intended to help you recover from losses, including property damage, lawsuits, and lost income. 

That being said, insurance companies make more profits by denying as many coverage areas or claims as they’re able. Their bottom line is determined by avoiding paying out for damages, ones that are often covered by rights, according to their policies.

Unfortunately, property owners are not on a level playing field. Insurance companies have teams of lawyers who know the system inside and out. They will often use loopholes, low-ball offers, and delaying tactics to get you to settle for an amount that is far less than your damages are worth. 

Property damage lawyers bring essential skills to level the playing field:

• Insurance Claim Assistance: Property damage lawyers understand the nuances of insurance policies and can interpret complex language to ensure your claim is filed correctly. They can also communicate with the insurer on your behalf, reducing your stress and improving the likelihood of a successful outcome.
• Documentation Support: They can guide you in gathering compelling evidence, such as photographs of the damage, repair estimates, expert opinions, and communication records with the insurer, all of which are critical for a strong claim.
• Litigation: If negotiations fail, an attorney can take your case to court, fighting for your rights and compensation.
• Combatting Bad Faith Practices: If your insurer denies your claim without a valid reason, delays payments unnecessarily, or misinterprets policy terms, lawyers can identify these bad faith tactics and hold the insurer accountable under the law.

By ensuring proper evidence collection and addressing instances of bad faith, property damage lawyers can significantly improve your chances of recovering the fair settlement you deserve.

When to Fight Back Against a Claim Denial

If an insurance company denies your claim, you will need to fight back. This is when you should hire an attorney. Seeking the help of a seasoned property damage attorney is a good way to increase your chances of succeeding. 

When your damages are properly documented and your claim has solid evidence to support it, an insurance company is far more likely to settle for an amount that suits your needs. If the insurance company refuses to offer a reasonable settlement, there’s the chance you could litigate your case, meaning evidence becomes even more important. 

If the insurance company is unwilling to compromise reasonably, a property damage lawyer should be ready to fight for the coverage you need in a lawsuit. Steinger, Greene & Feiner have decades of experience helping the victims deal with stubborn insurance companies and negligent parties. We have a history of fighting and winning cases for our clients, and we are prepared to fight for you in your property damage case.

If you’re unsure whether or not your property damage case is worth fighting, give us a call at (800) 560-5059 or contact us online. Our personal personal injury lawyers can discuss the details of your damages at no risk or cost to you. We also offer a free 10-point property inspection provided by local experts. 

Steinger, Greene & Feiner is a trusted firm with property damage lawyers across the country. We can help you come out of this difficult time, with the hope that your home or business may still be recoverable. Give us a call today, and we can get you on the path to recovery as soon as possible.

Call an experienced property damage lawyer near you at (800) 560-5059 or contact us online. We can go over the details of your property damage case at no cost or risk to you during a free initial case review and let you know if now is when you should hire an attorney. 

FAQs: Property Damage Claims and Legal Assistance