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What is the Statute of Limitations in Florida for Property Damage?
- If the property damage claim includes personal injury, specifically injuries resulting from the damage or accident, the statute of limitations is generally four years from the date of the incident.
- If the claim arises from a breach of contract, such as a dispute with an insurance company regarding coverage, the statute is typically five years from the date of the breach.
- For claims that do not involve personal injury or breach of contract, the statute is four years from the date the damage occurred or the date it was discovered (or should have been discovered) with reasonable diligence.
- Please note that these are general guidelines and sometimes, there are exceptions. Contact our property damage lawyer to understand exactly how long you have to file a property insurance claim based on your specific circumstances.
Reasons to File a Property Damage Claim in Boca Raton
There are a number of situations that can damage your residential or commercial property. Sometimes, it’s the result of someone else’s carelessness, like a neighbor cutting down a tree that crashes onto your roof. Other times, it’s a natural disaster in the form of hurricanes, lightning, and hail damage. Our property damage lawyer at The Law Offices of Scott J Senft have over 25 years of experience in representing clients who suffer significant harm to their holdings, no matter the reason:
Hurricane damage
Flood damage
Floods may not come with raging winds of a hurricane, but the rising water inside your home can present just as much of a challenge. Heavy downpours can wreck your roof, foundation, garage and your belongings inside. If you don’t hire experts to take care of the accumulated water, the growth of mold and mildew can cause even more damage.
Water damage
Whether it’s a burst pipe, a plumbing leak, or a malfunctioning water heater or washing machine, water damage usually translates into structural damage, mold damage, and the deterioration of personal belongings. Surveys show that restoring and repairing these types of damages can cost upwards of $3,000 on an average.
Fire damage
In cases of fire damage, it’s not just the fire itself that causes devastation – the smoke and soot that infiltrate every corner can be just as damaging. Also, the efforts of firefighters to save your home and loved ones often involve copious amounts of water being sprayed throughout the premises, which can add the element of water damage to the equation.
Vandalism and theft
Discovering that your home or business has been vandalized or that valuable possessions have been stolen is not only frustrating but a scary experience. Insurance claims can be a lifeline in these circumstances when you’re feeling burdened with unexpected financial losses.
Fallen trees or branches
Maybe it’s due to a severe storm or negligence, but broken tree branches can cause roofs to become damaged, fences to crumble, and compromise the integrity of other nearby structures. Your insurance coverage can provide the necessary support to cover the costs of repairs and debris removal. Just make sure to take plenty of pictures and videos of the scene.
Accidental damage
If a car, truck, crane, or any other vehicle accidentally crashes into your home or office building, the structural damage can be very costly and time-consuming to repair. Your insurance coverage provider can provide relief by covering the damage to your exterior walls, foundation, roof, ceilings, windows, load-bearing walls, beams, and columns.
Termite damage
Despite their small size, termites can be a nightmare to take care of once they get into your home, especially if you have neglected to address the issue in its early stages. They can eat their way through your furniture, flooring, and other valuable wooden structures, leading to structural weakening, warped or hollowed-out beams, compromised foundations, and damaged antiques.
- If you have experienced any of the situations in Boca Raton described above, your homeowner’s insurance policy should provide you enough coverage to restore and/or repair the damage. However, if the home or auto insurance company is denying or lowballing your claim – which they usually do – you have the right to hire an attorney and explore your legal options to obtain your rightful compensation.
How Our Boca Raton Property Damage Attorneys Can Help
Your property has suffered significant damage
The insurance company is delaying payment for your claim
Your claim has been denied
The settlement offer falls short of covering your property damage
It is not uncommon for insurance providers in Boca Raton to make initial settlement offers that don’t fully account for the extent of the damage. If you receive an offer that seems inadequate, we will help you evaluate the true value of your damages, so you get a sum that covers the necessary repairs and restoration of your property.
What to Do When the Insurance Company Denies Your Property Damage Claim
If the insurance company refuses to pay for the property damage to your home, office, or belongings, you have options to fight back and try to change their decision. Here are a few steps you can take to challenge the denial:
Review the denial letter
Carefully read the denial letter from the insurance company to understand the specific reasons for the rejection. It may provide information on the policy provisions or exclusions they relied upon to reach their decision.
Consult with an attorney
Gather evidence
Collect all relevant documentation related to your claim, including photographs of the damage, repair estimates, invoices, policy documents, and any correspondence with the insurance company. This evidence will be crucial in supporting your case.
Communicate with the insurance company
Request a review
File an appeal
Explore alternative dispute resolution
File a lawsuit
We highly recommend reaching out to our skilled property damage attorney as soon as you receive the claim denial letter because time is of the essence. If the statute of limitations runs out while you are busy making sense of the complicated maze that is Florida’s legal system, you may lose your chance to obtain any compensation at all.
CALL (954) 329-0137– South Florida’s Top Personal Injury Attorney
Scott J. Senft
Was born in Brooklyn, New York. He received his Bachelor of Science from University of Florida in 1988 and his Juris Doctorate from Georgia State University College of Law in 1991.
For over 32 years, The Law Offices of Scott J Senft have served South Florida as one of the top personal injury law firms. If you or a loved one has been involved in any type of accident, do not hesitate to reach out immediately.