Home Property

When Should I Get a Lawyer for My Home Property?

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Home Property Lawyer

When Should I Get a Lawyer for My Home Property?


A badly damaged home can threaten your financial and emotional health for years to come. However, knowing when to get legal help can be confusing after the chaos of a natural disaster or other accident impacting your property. Moreover, the insurance company might give you the runaround when you simply look to recover your due in good faith. If you are impacted by property damage, you might be wondering, “When do I get a lawyer for my home property?”

In a nutshell, you should seek legal advice when your home or business property is damaged due to a natural disaster or the negligent or willful acts of another. An attorney can help you understand what is covered in your insurance policy, whether you should file a claim, and clarify any other options you have for recovering compensation. If an insurance company has already rejected your claim, our lawyers can help you fight the decision. Get started today and contact us for free legal advice.

Types of Property Damage That May Require an Attorney 

Property damage attorneys can help if an insurance company treats you unfairly and denies or minimizes your claim. Home and business owners often seek legal help and advice when they experience:  

  • Hurricane or tornado damage
  • Fire and smoke damage
  • Plumbing leaks and water damage
  • Subsidence and foundation issues
  • Property defects
  • Vandalism and theft
  • Liability claims

Homeowners’ insurance policies can be complicated to understand. If you are not sure what is covered in your policy and whether you should file a claim, a property damage attorney can review your policy and walk you through your options and the next best steps.

When to Get a Lawyer for Your Property Claim

It can be tough to know when to get a lawyer for your home property. However, if your property is significantly damaged and you struggle to get what you deserve from an insurance company, contacting a lawyer for advice is generally an excellent idea. In some cases, having a seasoned attorney by your side can be essential. Consider seeking legal advice promptly in the following circumstances:

  • The insurance company refuses to investigate your claim
  • Your claim was denied without an explanation
  • The insurer cancels your policy unexpectedly 
  • You only receive lowball offers that do not cover your expenses
  • The insurer makes unreasonable demands for proof of loss

If your insurance company does not uphold their end of the deal after you have faithfully paid the premiums, you do not have to stand for it. A property damage attorney at Morgan & Morgan can assess your claim and help you move forward with holding an unethical insurance company accountable. 

Your Insurance Rates Could Rise After a Claim

Unfortunately, your homeowners’ insurance rates might increase after filing a claim. This can be particularly true for any claims related to water damage, theft, accidental damage, and dog bites. The insurer may also raise their rates if:  

  • Your home is in a high-risk area, such as a hurricane zone
  • You have filed several insurance claims recently
  • You live in a high-crime area

If you want to avoid high premiums, it can pay off to be strategic about filing claims. Filing several low-cost claims may not make sense, especially if this causes your premiums to rise by a considerable amount. Filing a claim is not recommended when:

  • The cost to repair the damage is less or around the same amount as your deductible
  • Your claim arises from a repair or maintenance issue
  • Your claim is not covered as per your homeowner’s policy

It is generally better to fix the damage yourself and pay for routine maintenance out of your own pocket in the above circumstances.

You Could File a Lawsuit Against a Third Party

You could also explore alternative options for receiving your due. For example, if someone else negligently or willfully caused damage to your home, you could go after them instead of filing a claim with your insurance. This situation could arise, for example, if your house is damaged in a car or truck accident or someone vandalizes your property. If another damaged your property, consider contacting our property damage attorneys, who can assess your case and move forward with a lawsuit. 

Common Property Insurance Claims

Wind and Hail

The most common property insurance claims are those for wind and hail damage. Homeowners’ insurance generally covers damage from high winds and inclement weather associated with storms. Wind and hail damage can encompass various natural disasters, including:

  • Hurricanes
  • Tornadoes
  • Thunderstorms
  • Winter storms

Water Damage

According to the Insurance Information Institute (III), water damage and freezing account for the second-highest number of annual insurance claims, behind wind and hail damage. Burst pipes or leaks can cause serious damage with a hefty price tag, with the average claim amounting to over $11,000.

Fire and Lightning

Fire, smoke, and lightning damage can be devastating and destroy entire homes or render them uninhabitable for months. Hence, fire claims tend to be some of the most expensive, averaging more than $78,000, according to the III. Homeowners insurance generally covers fire and lightning damage.

Other Property Damage

Other common property damage claims include:

  • Trees falling on a property
  • Liability claims from persons injured on your property
  • Theft and vandalism

Types of Property Damage Covered by Homeowners Insurance

While homeowners’ insurance policies can vary, they all tend to include coverage for the fabric of your house, such as the roof, walls, and foundation. Depending on your policy, the following events are usually covered: 

  • Wind and hail damage
  • Fire and smoke damage
  • Lightning damage
  • Liability claims
  • Vandalism and theft

Damage Not Normally Covered by Homeowners Insurance

  • Earthquake damage
  • Sinkholes
  • Flooding
  • Issues arising from lack of maintenance and repair

Although some natural disasters are not covered in a standard homeowners’ insurance policy, you could purchase additional protection for events such as flooding and sinkholes. Knowing what is covered and what is not covered can be critical and prevent homeowners from nasty surprises when attempting to file a claim.

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