Hollywood, FL Determining Property Damage Negligence
When many individuals think of property damage, they think of acts of nature like storms and floods. While those can certainly be a factor in Hollywood and the rest of Florida, negligence plays a role in many property damage cases.
Whether you think that negligence caused your property damage, or your insurance company is accusing you of negligence and trying to deny your claim, contact Flaxman Law Group for a consultation. Working with our property damage lawyers in Hollywood, FL determining property damage negligence is straightforward. We explain your rights and offer options for you to take action to protect your rights.
Examples of Property Owner Negligence
There are two situations where negligence can play a role in your property damage claim: if someone else’s negligence played a role in the damage, and if your insurer tries to deny your claim by accusing you of negligence.
Let’s look at that second situation first. Insurance companies may deny property damage claims on the grounds that the policyholder’s actions or inactions contributed to the damage, making it ineligible for coverage. Here are some common examples of this:
- Failure to Maintain the Property. Insurance policies typically require homeowners to take reasonable steps to prevent damage and repair any known issues before they cause more serious harm. For example, if you know about a leak in your roof and fail to fix it, the insurance company might argue that the water damage that resulted was preventable and therefore not covered.
- Failure to Take Immediate Action After Damage. Insurance policies often include provisions requiring you to take “reasonable” actions to prevent further damage after an incident occurs. If you fail to act quickly and the damage worsens as a result, the insurer may deny your claim. For instance, if a fire starts in your property and you do not make an effort to extinguish it or call emergency services promptly, the insurance company could claim that additional damage was caused by your inaction.
- Not Following Safety and Code Regulations. If the damage occurred because you failed to adhere to local building codes, safety regulations, or other legal requirements, your insurance company may deny your claim on the grounds of negligence. For example, this may happen if you made home improvements or repairs without the necessary permits or by trying to do the work yourself, and those renos changes contributed to the damage (such as a collapsed deck), your insurer may dent your claim.
- Leaving Property Unsecured. Insurance policies often require you to take reasonable steps to secure your property and protect it from foreseeable risks. For example, if you leave the property vacant for an extended period of time, you’re supposed to inform the insurance company. If you fail to do so and your home is vandalized because it was empty for months, an insurance claim for that damage may be denied.
- Failing to Report Damage Promptly. Most insurance policies have specific deadlines for reporting incidents, and if you miss that deadline your claim may be denied.
Now let’s look at the second situation, where someone else’s negligence leads to a property damage claim. Here’s why that might happen:
- Negligent Actions by Contractors or Service Providers. The damage to your property may have been caused by the negligence of a contractor, repair person, or maintenance provider you hired. If your insurer believes that your negligence in hiring or supervising a service provider contributed to the damage, your claim could be denied. The insurance company might also argue that the damage was the result of the contractor’s negligence, not an insurable event.
- Negligence Caused By Other Property Owners. For example, if your neighbor hires a service to cut down a tree and the service is negligent, you may have a claim if the tree falls on your roof and causes damage.
- Negligence Caused by Government Entities. If a municipality fails to repair a pothole that eventually causes flooding of your property, you may have a claim against the government entity responsible for the road. Just keep in mind that governments enjoy additional protections from lawsuits. You will want to contact a lawyer in Hollywood, FL for help determining property damage and negligence in this type of case.
When it comes to claims, keep in mind that insurance policies typically do not cover damage that results from normal wear and tear over time. If an issue arises simple because a property has become worn down over time, this may not be covered. On the other hand, insurance companies sometimes try to interpret damage as “wear and tear” when in fact you should be getting compensation. That’s why it’s always best to consult with a property damage attorney who can explain what you may be eligible for.
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How an Attorney Can Determine Liability
As we’ve seen, the interpretation of negligence in property damage cases determines whether you get compensation or whether your insurance company denies your claim. The role of your attorney is to make sure that negligence is interpreted in a way that gets you your rightful compensation.
The first step in determining negligence is identifying whether the defendant had a legal “duty of care” to the injured party. In property damage cases, this means understanding the relationship between the property owner (or responsible party) and the individual or entity affected by the damage. For example, a contractor may have a duty of care to a homeowner, to reasonably complete renovations that are up to code.
Once the duty of care is established, the attorney will investigate whether the property owner or responsible party failed to fulfill that duty. This could involve looking for signs of negligence, such as failure to maintain or repair a property, violation of codes or standards, or ignoring complaints. For example, a contractor may fail to follow wiring best practices, leading to a fire. An attorney may gather work orders, photographs, expert reports, witness testimonies, and other evidence to show the contractor knew about electrical codes but had a history of ignoring them.
Next, an attorney must establish a direct link between the defendant’s breach of duty and the property damage that occurred. This is known as causation. For example, in the above contractor example, an attorney may work with expert witnesses to show what code violations occurred and to establish that the work completed increased the risk of the type of fire that occurred after the work was done.
In order to prove negligence, it’s not enough for the attorney to show that the breach of duty occurred—it must also be shown that the breach resulted in actual harm or damage. The attorney will determine the total costs of the property damage to the property owner. This will include repair costs, lost rental income, decreased property value, damage to personal property, physical injuries, and other losses. An attorney will work to put a dollar amount on the losses and will pursue that amount through a claim.
If Your Insurance Company Denies Your Claim Due to “Negligence”
Insurance companies deny property damage claims if they believe that the damage was caused by negligence on your part or that of someone else, whether it’s the property owner, a contractor, or another responsible party. However, a denial isn’t the end of the road. Here’s what you’ll want to do next:
- Review the Denial Letter. Your insurer must provide a clear explanation of why your claim was denied, including any specific clauses or exclusions in your policy that relate to negligence. Was your claim denied because the insurer believes the damage was caused by your own failure to properly maintain the property? Are you being told that you failed to meet policy requirements? Try to understand why you are being denied.
- Read Your Insurance Policy. Insurance policies often contain clauses or exclusions related to negligence. Some policies may exclude coverage if the damage was caused by your own carelessness, failure to maintain the property, or failure to take reasonable precautions. However, not all negligence exclusions are broad, and many policies still provide coverage for accidental damage or incidents that were not directly caused by your negligence. Take a look at the fine print to see if you should have been covered.
- Gather Evidence. If your insurance company denies your claim due to alleged negligence, consider evidence you may have to counter their claim. For example, if you have maintenance and repair bills and records and photos of the damage, this can be helpful.
- Skip the Appeal. Most insurance companies have a formal appeals process that allows you to challenge the denial. This process typically involves submitting additional evidence or documentation that supports your case. This can help if you have absolutely solid evidence, but in many cases you’re appealing to a company that has already denied your claim. The outcome of an appeal to the company may not be different.
- Act Quickly. As soon as you can, consult with a property damage lawyer in Hollywood, FL. He or she can negotiate with insurance companies, preventing common problems that could hurt your case.
Why consult with a Hollywood property damage lawyer? Instead of going through an internal appeal, your attorney can negotiate with the insurance company for you. Your lawyer can also file a claim against the insurance company to get you your rightful compensation. Or, if your damages were caused by a government, neighbor, contractor, or third party, your lawyer can file a claim against that negligent party.
In addition, your attorney has access to experts. Sometimes, an expert—such as a contractor, engineer, or other professional—can provide valuable testimony about the cause of the damage and whether it was due to negligence or normal wear and tear. Your lawyer can uncover substantial evidence, which can help your case, whether your attorney decides that negotiating with your insurance company or taking the case to court is the best decision in your situation.
Your lawyer can also help you understand your rights and the terms of your policy. He or she will explain what your options are, so you get to decide how to proceed. A lawyer can also evaluate whether the denial was justified based on the facts of your case, the policy terms, and Florida law. He or she can explain the strength of your case and how much you may be able to get for property repairs.
Are you looking for a property damage lawyer in the Hollywood, FL area or surrounding communities? Flaxman Law Group is a family-based firm with a father-son lawyer team and an office right in Hollywood. Our bilingual (English and Spanish) team has over 60 years of combined experience and we have helped reach multiple multi-million-dollar settlements and court wins for our clients.
Best of all, we treat clients like family. That means we treat you with respect and compassion but also fight hard to protect you from insurance companies and anyone else who doesn’t want to treat you fairly. When you work with us, we’re easy to reach. You’ll have your attorney’s personal cell phone number when you’re represented by us, so you can always reach your lawyer. We also keep you informed about your case as we work to get you the fair compensation you deserve.
Has your home been damaged and are you curious about what working with a property damage lawyer can do for you? Contact Flaxman Law Group for a free consultation. Your no cost, no obligation consultation gives you a chance to ask questions and to learn more about ways you may be able to protect your rights to compensation. Find out what it might be like to work together and get some answers by scheduling you free consultation today.
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