Hurricane Helene left widespread destruction across Florida, and for many homeowners, insurance was the safety net they relied on to rebuild. But for far too many, that safety net failed. If your insurance company denied your property damage claim after Hurricane Helene, you don’t have to accept their decision as final. You have legal options, including the right to file a lawsuit to get fair compensation.
At Larry Moskowitz, PA, we help Floridians fight back against unfair insurance claim denials. If you’re ready to take legal action, here’s everything you need to know about the lawsuit process, your rights, and what to expect.
Understanding Why Your Insurance Claim Was Denied
Before filing a lawsuit, it’s important to understand why your insurance claim was denied. Insurance companies may deny hurricane property damage claims for a variety of reasons, including:
- Alleging that the extensive property damage was caused by flooding (which may require separate flood damage coverage)
- Claiming Hurricane Helene damage resulted from pre-existing conditions or neglect
- Arguing the loss doesn’t fall under covered perils
- Disputing the scope or severity of the damage
- Asserting that the documentation was incomplete or filed late
These justifications may seem legitimate on paper, but in many cases, they’re used to reduce payouts or avoid liability. That’s why a close review of your claim denial and insurance policy is the first step toward building your case.
Evaluating Your Insurance Policy
The insurance claims process is often complex, and having an experienced legal team can help you understand the nuances and verbiage used by your insurance company. Review your policy for:
- Windstorm, natural disasters, and hurricane damage claim coverage
- Any exclusions related to water damage or flooding
- Deductible amounts and claim limits
- Timelines for reporting damage and submitting claims
If the policy language is confusing, an experienced attorney can help interpret it and compare it to the reason for denial.
Steps to Take Before Filing a Lawsuit
Before jumping into litigation with powerful insurance companies, there are a few important administrative steps that must be taken:
- Request a written explanation of the denial from your insurance company.
- File an internal appeal or dispute through the insurer’s formal process.
- Gather additional documentation, including damage assessments from independent contractors or public adjusters.
- Submit a complaint to the Florida Department of Financial Services if needed.
These actions show that you attempted to resolve the matter before pursuing legal action, and they help build the foundation for your lawsuit. If the insurance company refuses to follow through with any of these or provides insufficient documentation, you may have a valid personal injury claim.
The Role of Legal Representation
Filing a lawsuit against an insurance company isn’t just about paperwork; it’s about navigating a complex legal system and holding powerful corporations accountable. When you seek legal assistance, an experienced hurricane claims attorney will:
- Evaluate your policy and denial to determine the strength of your case
- Help gather and organize evidence
- Communicate with the insurer on your behalf
- File the lawsuit and represent you in negotiations or court
- Push for a full and fair settlement—or pursue damages in court if necessary
At Larry Moskowitz, PA, we not only have a proven track record but we also work on a contingency fee basis, so you pay nothing unless we recover compensation for you.
Gathering Evidence for Your Hurricane Helene Insurance Claim
If you’re dealing with insurance disputes or denied claims, strong evidence is key to filing claims. The experienced team at Larry Moskowitz, PA, will help you compile:
- Photos and videos of damage before and after the devastating hurricane.
- Documentation of lost income, medical bills if you’ve suffered injuries, emergency repair estimates, and receipts for temporary housing or lost personal belongings can all strengthen your insurance claim and support your case if legal action becomes necessary.
- Inspection reports from public adjusters or engineers.
- Correspondence with the insurance company and insurance adjusters.
- Proof of policy coverage, policy exclusions, and premium payments.
The more thorough the documentation in hurricane-related claims, the more likely you’ll get the compensation you deserve.
Filing a Hurricane Helene Insurance Lawsuit
- Consultation: Meet with an attorney to carefully review your denial letter and determine if a lawsuit is appropriate.
- Complaint: Your attorney drafts and files a formal complaint against the insurance company in civil court.
- Service of Process: The insurer is served with the lawsuit and given time to respond.
- Discovery: Both sides exchange evidence.
- Negotiation or Mediation: Many cases settle before going to trial, especially when the evidence favors the property owner.
- Trial: If no agreement is reached, your case proceeds to trial, where a judge or jury makes the final decision.
Ready to Take the Next Step?
At Larry Moskowitz, PA, we understand insurance law and are committed to helping you obtain the compensation you deserve. Schedule your free consultation today.