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Deadline to File Proof of Loss for Helene Damage
Property and Flood Insurance policies generally require that you submit a Proof of Loss form to your insurance company within 60 days of the damage.
(Timer is for illustrative purposes only, contact a licensed Florida Attorney for the specific deadlines for your claim.)
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Deadline to file a Hurricane Helene Claim
Florida law generally requires you to file a hurricane damage claim within one year of the hurricane making landfall, as per Florida Statutes § 627.70132.
(Timer is for illustrative purposes only, contact a licensed Florida Attorney for the specific deadlines for your claim.)
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Deadline to File Proof of Loss for Milton Damage
Property and Flood Insurance policies generally require that you submit a Proof of Loss form to your insurance company within 60 days of the damage.
(Timer is for illustrative purposes only, contact a licensed Florida Attorney for the specific deadlines for your claim.)
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Deadline to file a Hurricane Milton Claim
Florida law generally requires you to file a hurricane damage claim within one year of the hurricane making landfall, as per Florida Statutes § 627.70132.
(Timer is for illustrative purposes only, contact a licensed Floridas Attorney for the specific deadlines for your claim.)
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Click Below for a Free Claim Evaluation
Hurricane Claims
Big insurance company lobbyists "convinced" the politicians in Tallahassee to gut your rights.
Recent changes enacted by the Florida legislature, championed by Governor DeSantis, have significantly altered the landscape of property insurance litigation, making it more challenging for homeowners to recover compensation for hurricane damage. These legislative reforms have created obstacles for attorneys seeking to represent and assist policyholders in their pursuit of fair insurance settlements.
While the intent of the legislation may have been to stabilize the insurance market, the practical effect has been to limit access to legal representation for those who need it most. Homeowners facing complex insurance disputes after a hurricane now have a much steeper uphill battle in securing the compensation they deserve to rebuild their lives and properties.
How these changes result in underpaid claims
Elimination of Fla. Stat. 627.428
One of the most impactful changes is the elimination of "one-way attorney fees" in property insurance disputes.
Previously, if a policyholder successfully sued their insurance company and prevailed in court, the insurer was responsible for paying the policyholder's attorney fees. This provision leveled the playing field, allowing homeowners to access legal representation even if they couldn't afford the upfront costs. However, under the new law, each party is now responsible for their own attorney fees, regardless of the outcome. This change makes it financially prohibitive for many homeowners to pursue legal action against their insurers, especially for smaller claims where the legal costs could outweigh the potential recovery.
Restrictions on Assignments of Benefits
Furthermore, the legislation has imposed new restrictions on the assignment of benefits (AOB). AOBs allowed homeowners to assign their insurance benefits to contractors or repair companies, who would then directly bill the insurance company and handle the claims process. This was particularly helpful for homeowners facing extensive damage and struggling to navigate the complexities of insurance claims. However, the new law severely limits the use of AOBs, making it more difficult for homeowners to obtain timely and necessary repairs.
Stricter deadlines to file a claim
The legislature has imposed stricter deadlines for filing claims and lawsuits, making it even more challenging for homeowners to navigate the legal process while dealing with the aftermath of a hurricane.
These changes, coupled with other restrictions on legal remedies, have created a more difficult environment for homeowners seeking to recover fair compensation for their property damage.
How these changes have affected real Floridians....
How Insurers uniformly reduce your claim.
The recent 60 Minutes report shed light on the questionable practices of some Florida insurance companies in the aftermath of Hurricane Ian. Whistleblowers revealed that these companies were systematically altering damage reports to reduce payouts to homeowners, leaving them with significantly less than they needed to rebuild. The report highlighted how independent adjusters' initial assessments were often drastically reduced by desk adjusters without any further inspection, raising concerns about fraud and unfair claims practices. This investigation exposed the vulnerability of homeowners facing devastating losses and the uphill battle they face when dealing with insurance companies seeking to minimize their own financial obligations.
We can still help....
We will work on a contingency basis
We will make an offer of judgment to try to force the insurance company to pay your claim or potentially pay your legal fees and costs.
We will make an offer of judgment to try to force the insurance company to pay your claim or potentially pay your legal fees and costs.
This means you don't pay any attorney fees upfront. Instead, the attorney's fees are deducted as a percentage of the final settlement or judgment you receive if your claim is successful. If you don't recover any compensation, you typically don't owe the attorney anything. This arrangement can be beneficial for homeowners who may not have the financial resources to pay attorney fees out of pocket after suffering hurricane damage. It allows them to access legal representation and pursue their claims without the added financial burden.
We will make an offer of judgment to try to force the insurance company to pay your claim or potentially pay your legal fees and costs.
We will make an offer of judgment to try to force the insurance company to pay your claim or potentially pay your legal fees and costs.
We will make an offer of judgment to try to force the insurance company to pay your claim or potentially pay your legal fees and costs.
Florida's Offer of Judgment statute (Florida Statutes § 768.79) is a rule designed to encourage parties to settle lawsuits before they go to trial. It allows either the plaintiff (the person suing) or the defendant (the person being sued) to make a formal settlement offer to the other side. If the offer is accepted, the case settles according to the terms of the offer.
However, if the offer is rejected and the case goes to trial, the statute creates potential consequences. If the final judgment awarded is less favorable than the offer that was rejected, the rejecting party may have to pay the offering party's attorney fees and costs incurred after the offer was made. This applies if the final judgment is at least 25% less than the offer for the plaintiff, or 25% more than the offer for the defendant.
Essentially, the statute creates an incentive to make reasonable settlement offers and to seriously consider any offers received. It aims to avoid unnecessary trials and encourage early resolution of disputes.
We will fight for you, even in this difficult environment.
We will make an offer of judgment to try to force the insurance company to pay your claim or potentially pay your legal fees and costs.
We will fight for you, even in this difficult environment.
Despite the recent legislative changes in Florida that create obstacles for homeowners seeking legal help with hurricane damage claims, Westchase Legal Center remains committed to serving our community. We understand the challenges these changes present, and we're prepared to navigate the complexities to help you secure the compensation you deserve. We believe everyone deserves access to justice, and we're not afraid to fight for your rights, even when the playing field isn't level. If your home has been damaged by a hurricane and your insurance company isn't fulfilling its obligations, don't hesitate to contact us. We'll review your situation, explain your options, and work tirelessly to protect your interests.
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