Do you need a Florida homeowner insurance lawyer?

Signs it is time for a legal opinion

• A full or partial denial that blames wear and tear, age, deterioration, “long-term” leaks, prior damage, improper installation, or late notice.
• An offer far below your repair estimate, or an estimate that leaves out rooms, the roof, code upgrades or matching materials.
• A missed 60-day deadline with no payment or written decision, and no clear exception.
• A demand for an examination under oath, a recorded statement, or a long document list on a short deadline.
• An appraisal demand, or you are thinking about invoking appraisal yourself.
• A deadline close at hand: the 1-year notice window for a new claim, 18 months for a supplemental claim, or the 5-year window to sue.
• A large or complex loss: a total loss, a hurricane claim with both wind and flood damage, a sinkhole, or mold that spread from a covered leak.

What a property insurance lawyer actually does

A homeowner insurance claim is a contract dispute. A lawyer’s job is to show that the policy covers the loss and what the loss is worth, and to use the procedures Florida law provides. In practice that can include:

1. Reviewing the policy and the decision. Reading the full certified policy, endorsements and the denial letter, and identifying which exclusions or conditions the insurer relies on.
2. Building the evidence. Coordinating estimates and, where needed, reports from engineers, roofers, plumbers or other professionals on the cause and extent of damage.
3. Handling communications. Responding to requests for information, preparing you for and attending an examination under oath, and keeping the claim file accurate.
4. Using the dispute tools. Recommending whether DFS mediation or appraisal fits your claim. See mediation and appraisal.
5. Pre-suit notice. Preparing the written notice required by section 627.70152 on the Department of Financial Services form, at least 10 business days before any lawsuit and after the insurer’s coverage decision, including the estimate or itemized demand the statute requires.
6. Litigation, if needed. Filing suit for breach of the policy, and, where the facts and the law support it, pursuing the civil remedy notice process under section 624.155.

How fees work after the reforms

Before the 2022–2023 reforms, Florida’s one-way fee statutes often required an insurer that lost in court to pay the homeowner’s attorney fees. SB 2-A ended that for property insurance suits on newer policies, and HB 837 repealed the general fee statute in 2023. Our guide to the 2023 insurance law changes has the details.

As a result, most homeowners now hire property insurance lawyers on a contingency fee, meaning the fee is a percentage of what is recovered and nothing is owed in fees if there is no recovery. Under the Florida Bar’s rules, a contingency fee agreement in Florida must be in writing, and you are given a statement of client’s rights. Before signing, ask:

• What percentage applies, and does it change if the case goes to suit or appraisal?
• How are case costs (engineers, other consultants, filing fees) handled, and are they owed if there is no recovery?
• Who will work on your file and how will they keep you updated?

The Lawgical Firm, P.A. offers a free case review and states that there are no upfront fees: the firm does not get paid unless you get paid. Case costs and percentages are set out in the written fee agreement.

What to gather for a case review

• Your declarations page and, if you have it, the full policy.
• The claim number, date of loss and the dates you reported the claim.
• All letters and emails from the insurer, especially any denial or partial-denial letter.
• The insurer’s estimate and any estimates from your contractors.
• Photos and video of the damage, before and after emergency repairs.
• Receipts for emergency repairs, hotel stays and other out-of-pocket costs.

Do not wait to have everything. If a deadline is close, the first conversation matters more than a complete file.

Choosing a lawyer

Look for a lawyer licensed in Florida whose practice includes property insurance claims, and confirm their standing on the Florida Bar website. Ask how many homeowner claims like yours they handle and how they approach mediation, appraisal and suit. Be cautious of anyone who promises a particular result or contacts you uninvited right after a storm.

Frequently asked questions

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