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How can a lawyer help with a property damage insurance claim

When to File an Insurance Lawsuit

In a perfect world, insurance claims would be filed and paid without hassle. An insurance company would generously and easily provide a payout of full coverage and ensure that their customers are fully compensated for losses and damages. Unfortunately, the world is far from perfect, and customers often have various disagreements or disputes with their insurance providers over settlement and payment. This is when a fire and flood damage lawyer may enter the process to help a client get a fair settlement from his or her insurer.

Difference Between a Lawsuit and a Claim

Sometimes the words “claim” and “lawsuit” are used interchangeably, but it is important to keep in mind the important distinctions between them when working on an insurance case. The claim is your attempt to get reimbursement from your insurance company. You are not suing your insurance company when you do this; you are simply requesting payment for losses or damages according to the policy you hold. A claim does not assume you have a disagreement with your insurer.

A lawsuit is entirely separate from your claim. In fact, you usually cannot file a lawsuit if you accept a claim, and you cannot get compensation on both a claim and on a lawsuit for the same situation in most circumstances. A lawsuit puts you against the insurance company and the insurance company becomes a legal defendant. You may not need an attorney for a claim, although it can be very helpful to hire an attorney in a limited capacity to ensure the settlement agreement is fair. You will need an attorney if you choose to file a lawsuit.

The Importance of Suing Before Settlement

It is very important that you carefully consider your insurance company’s settlement offer. This offer should cover all your expenses for the loss, including possible future expenses. Your policy may have limits on coverage. If your losses exceed these limits, you should at least get compensation up to the limit. Keep in mind that your insurance company is a business. They are looking to pay out as little as possible in compensation. You should not expect a generous or even a complete offer the first time.

If you are not satisfied with the settlement offer, you must be sure to either attempt to renegotiate or file a lawsuit before you accept the offer. If you accept, the vast majority of insurance contracts have clauses preventing you from filing a lawsuit on that claim in the future. You cannot decide after the fact that you didn’t get enough money or that you were entitled to more. This is one reason hiring an attorney to look over your policy and judge the settlement offer is so important, especially for larger claims. Sometimes, merely the presence of an attorney in the discussion will give you leverage and ease negotiations toward a higher settlement offer. Insurance companies generally don’t want to deal with lawsuits.

There are specific instances where you may sue after a claim, but these are very limited. They usually involve some kind of misconduct, illegal activity or improper or vague wording on the part of the contract or policy. It is unlikely you will be in such a situation, but if you have already settled, you can ask an attorney to review your contract for these issues.

Do Not Rely on Your Insurer

While everyone wants to believe their insurance company truly has their best interests at heart, this is simply not the case from a business standpoint. You should never rely solely on your insurance company to give you the best compensation or be generous with interpreting coverage under your policy. It is best to assume your insurer will short change you in one way or another. The insurer may pressure you to settle, and you may be feeling financial pressures of your own, but it is important to proceed carefully.

If you have a large insurance claim, it is important to contact an attorney as soon as possible after filing your claim and receiving your first settlement offer. Unless you are very happy with your settlement offer, an attorney may be used to review the offer for fairness and accuracy. An attorney may also advise you on how to proceed, either by attempting to renegotiate the settlement or file a lawsuit.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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