Navigating Your Property Insurance Claim with Expert Legal Guidance
At Boggs Law Group, we understand that dealing with property insurance claims can be daunting, especially when faced with denied or underpaid claims. Our approach is tailored to achieve resolution swiftly and effectively, often without the need for litigation.
Initial Steps: Upon engaging our services, we begin by assessing the status of your claim—whether it’s been denied or underpaid. Our initial action typically involves issuing a Demand Letter to your insurer. This letter outlines our legal stance and demands rightful payment, setting the stage for negotiations.
Understanding the Legal Landscape: Property insurance law, known as first-party property insurance law, demands a thorough understanding of ongoing changes in case law and claims processing. Partnering with a legal team that specializes in this area is crucial, particularly if disputes arise.
Further Actions if Necessary: If the issue persists, we may file a Civil Remedies Notice of Insurer Violation with the Department of Financial Services to formally accuse the carrier of misconduct. This gives the insurer 60 days to respond. Alternatively, we might pursue Appraisal or Neutral Evaluation to amicably settle the claim.
Litigation Process: Should these steps fail to resolve the claim, we will proceed with filing a lawsuit on your behalf, which involves several stages:
- Complaint: We file a formal lawsuit detailing your case against the insurer.
- Discovery: This stage involves exchanging documents and conducting depositions. Expert evaluations may also be necessary.
- Mediation: Both parties engage with a mediator to negotiate a settlement.
- Motions: We will file strategic legal motions to strengthen your case.
- Trial: If mediation does not result in a settlement, the case will go to trial.
Throughout the pre-trial phase, further discoveries, depositions, and motions will be undertaken, including potentially a Motion for Summary Judgment to resolve issues before trial.
Timeline for Resolution: Each case is unique, influenced by various factors such as the insurer’s tactics and the severity of damages. While some claims are settled within 2-6 months, cases requiring trial can extend up to 2 years. We are committed to maintaining your stamina and resolving your case effectively.
Court Appearances: It’s a common misconception that going to court is the first step in claim resolution. Most cases are settled out of court; however, if trial is necessary, we ensure you are fully prepared and supported throughout the process.
Further Learning: To gain a deeper understanding of the property insurance claims process, we invite you to visit our YouTube page, where we have compiled a variety of informative videos to guide you through these complex matters.
