North Miami Beach Property Damage Lawyer

March 27, 2023 | Attorney, Matthew Dolman

If you suffered property damage in North Miami Beach, you must know your legal options and the remedies you can pursue. However, because most people do not even think about these claims until they are in a situation where they have to, it is likely that most property damage victims have no idea who they should turn to for help.
Fortunately, the Dolman Law Group Accident Injury Lawyers, PA, have over 120 years of combined experience taking on these complex claims and fighting for victims’ rights. That is why if you need further information regarding a property damage claim or the choices you have, contact our North Miami Beach property damage lawyers today and let us show you how we can help you go after the financial damages you deserve.

About the Legal Team at Dolman Law Group Accident Injury Lawyers, PA

If you or a loved one have been seriously injured in an accident, you likely need help and need it fast. At the Dolman Law Group Accident Injury Lawyers, PA, our legal team has been helping those injured in an accident for years. In fact, since our founding, we have helped over 40,000 people and secured over $400 million in settlements on their behalf.

If you want to discuss your property damage accident with an experienced property damage attorney, contact Dolman Law Group Accident Injury Lawyers, PA, for a free case evaluation. Our team can also meet with you at one of our conveniently located offices, including our North Miami Beach location off of NE 18th Ct. and NE 163rd Street, to discuss your case one-on-one and figure out the actions you should take next.

North Miami Beach Property Damage Lawyer

What Does It Mean to Have Property Damage in North Miami Beach?

Property damage is damage to real or personal property due to natural forces or another person’s act or omission. Real property refers to the land and things that are permanently attached to it, like a home. In contrast, personal property, also known as chattel, includes all other property, including your automobile, motorcycle, and even bicycle.

Common Causes of Property Damage in North Miami Beach

Although property damage can result from intentional actions and negligence, it can also result from natural causes.

However, the more common causes of property damage in North Miami Beach include:

  • Hurricanes. With the Atlantic Ocean to the east, and a maximum elevation of 42 feet above sea level, the area is vulnerable to hurricanes and, as a result, a high risk of property damage.
  • Fires and smoke
  • Rainstorms
  • Flooding
  • Hailstorms
  • Vandalism
  • Damage from falling trees
  • Toxic mold
  • Sinkhole damage
  • Roof damage
  • Mildew damage
  • Lighting damage

However, while property insurance policies are supposed to cover many of these damages and provide the policyholder with compensation, it is common for these insurance companies to undervalue claims or provide an unfair denial.

For these reasons, if you suffered property damage in North Miami Beach, consider discussing the situation with an experienced property damage attorney from Dolman Law Group Accident Injury Lawyers, PA. Our lawyers can review your property damage, determine your legal options, and help you fight for the maximum compensation you deserve.

Property Loss in North Miami Beach: How Is It Measured?

If you suffered property damage and want to find out how much money you can recover for these damages, it is important to know how these damages are measured.

Under Florida’s laws, the property owner can recover the costs of repair, replacement, or restoration of the property unless the damage is permanent and the restoration cost will be higher than the diminution in the property’s fair market value. In these situations, the damages are limited to the diminution in the fair market value.

Yet, while this general rule works reasonably well in assessing property damage, some exceptions exist, including the sentimental value exception.

The Sentimental Value Exception

If the property has personal value to the owner far exceeding its market value, it is referred to as sentimental value. For instance, an heirloom passed down from family member to family member may not be worth very much, but it may have a high sentimental value to someone in the family.

Consequently, for someone to be able to obtain compensation based on this sentimental value, they would need to show that:

  • The property has special personal value, and
  • Limiting the property’s assessment to its market value will be manifestly unfair.

As you can see, proving property value can become a challenging ordeal. For these reasons, you should consider speaking to an experienced property damage attorney to determine your property’s worth. These legal professionals can better explain how to calculate this value, help determine the value of your property, and figure out what legal action you should take to go after the financial recovery you are entitled to.

Bringing a Legal Claim for Property Damage in North Miami Beach

Property Damage in North Miami Beach

After you figure out the estimated value of your damaged property, there are several legal theories you can pursue to go after the money you need. In North Miami Beach, these legal theories include the following:

Negligence

If a person’s careless behavior results in property damage, you may be able to pursue a negligence claim.

However, to prove negligence, you need to establish:

  • The wrongful party owed you a duty of care
  • The wrongful party breached that duty by acting unreasonably under the circumstances
  • The breach caused you to suffer property damages
  • Your lawyer can assess these damages

Typically, negligence is the most common legal theory for recovery of property damages when the damage was due to the wrongful party’s unreasonable conduct rather than a deliberate act.

A Trespass to Chattel

Trespass to chattel occurs when an individual intentionally damages another person’s personal property. However, under this legal theory, you would need to show the wrongful party intended to physically interfere with your possession of the property, resulting in damage. You would also need to show that the wrongful party did not receive consent from you to interrupt your possession of the property.

Theft and Conversion

If you can show that the other party stole your property through clear and convincing evidence, you may be able to seek damages for this theft. Another similar legal theory is that of conversion. Conversion occurs when the wrongful party exercises control over another person’s personal property to the detriment of the rights of the actual owner. For instance, if another person takes someone’s bike and sells it, this would be considered a conversion.

Trespass to Land

When an individual deliberately enters your property without your permission, these trespassers can be held responsible for any damages associated with this trespass.

Valued Policy Law

Florida has certain laws pertaining to insurance coverage for damage to your personal or real property. These remedies are usually based on insurance.

For example, if your building, structure, manufacturing building, or mobile home was damaged, the Valued Policy Law may cover these total losses. The law indicates that in the event of a covered loss of one of the structures, the insurance company should provide compensation for the amount of money the property was insured, as specified in the policy.

The purpose of this law is to avoid the time and effort that individuals will spend contesting the property’s actual value. However, because there are exceptions to this rule, consider discussing the matter with an experienced property damage attorney from Dolman Law Group Accident Injury Lawyers, PA, as soon as possible. These lawyers can go over the Valued Policy Law with you in more detail, answer your questions, and help you understand what to do to get the money you need.

Insurance Companies in Florida: Their Legal Obligations

In Florida, insurance companies are required to engage in fair settlements of claims.

These insurance companies also have a legal obligation to:

  • Properly investigate all claims based on certain standards.
  • Acknowledge and take action after a policyholder files a claim.
  • Factually represent parts of a policy related to its specific claim.
  • Conduct investigations before denying a claim.
  • Offer reasonable explanations to the policyholder for denying a claim or providing them with a lower settlement.
  • Communicate the findings of the investigation of a claim in writing within 30 days of receiving documents that showed the loss.
  • Notify the policyholder promptly when the insurance company needs additional details to process the claim.
  • Explain the reasons for any requested additional information.
  • Pay amounts undisputed to the policyholder within 90 days after a property damage claim.

If insurance companies do not follow these guidelines, their actions can be considered bad faith and entitle claimants to financial damages. Yet, to determine if an insurance company acted in bad faith, you should speak with a knowledgeable property damage attorney about the incident. These lawyers can help you not only figure out if the insurance company is using deceitful practices to stop you from getting the money you need, but they can also assist you as you go after the payout you deserve.

How Much Is Your Property Claim Worth in North Miami Beach?

The compensation you can get when you file a property damage claim will typically depend on the circumstances of the accident.

For instance, the factors that can affect the value of a claim include:

  • The type of damaged property (i.e., your motor vehicle, home, bicycle, etc.)
  • The severity of this damage
  • The insurance coverage available

However, if you want further information regarding the compensation you can obtain after damage to your property, you should discuss your situation with an experienced property damage lawyer from Dolman Law Group Accident Injury Lawyers, PA. Our legal team can help you figure out what damages you may be able to pursue and what to do so that you get fully compensated for your losses.

What to Do Before Making an Insurance Claim in North Miami Beach

If you want to get paid by the insurance company for your property damage, you must first contact your insurance company or representative to inform them of the accident. Provide them with information, such as the location of the property damage and the extent of the damages.

However, to help with this insurance claims process, it is also advised that property owners keep a thorough list of all their belongings and keep this list in a safe place. In addition to the list, owners may also want photos and videos of their property and include items they would want to be replaced if anything happened to them, such as expensive electronics, other costly goods, and meaningful objects.

Having these documents can not only show your insurance company what you lost following a property damage accident, but this list can also help your attorney if discrepancies arise with the insurance company regarding the value of your claim.

The Statute of Limitations to File a Property Damage Claim in North Miami Beach

If you sustained property damage in North Miami Beach, you should be able to pursue compensation for your losses. If you cannot get this payout from an insurance claim, you may be able to file a lawsuit to go after these damages.

However, according to Florida’s statute of limitations, you will only have four years to bring a lawsuit for repair or replacement of damaged or destroyed property. If you do not file your suit within these four years, the court can bar you from going after the money you need for the losses and damages you endured.

As a result, to ensure you have enough time to pursue legal action for property damage, contact Dolman Law Group Accident Injury Lawyers, PA, as soon as possible. These attorneys can help you figure out how much time you have to pursue your case, and ensure your legal documents are prepared and filed before this time expires.

North Miami Beach Property Damage Lawyer FAQs

Following an event or accident that damaged your property, you likely have numerous questions about what actions you should take next. However, until you can discuss these issues with an experienced North Miami Beach property damage attorney, our legal team has prepared the below responses to some of the most frequently asked questions regarding property damage cases. With these answers, we hope to provide you with a better understanding of your legal options and the remedies you can pursue.

1. Will My Property Damage Claim Be Covered?

One of the most common questions clients want to know is whether the insurance company will cover their property damage claim. Unfortunately, the answer to this question will depend on numerous factors, including the specific language of your insurance policy and the details of what happened.

As a result, determining whether the insurer will cover your property damage claim will require a detailed review. However, if you have any questions regarding your insurance policy, consider reaching out to an experienced property damage lawyer at Dolman Law Group Accident Injury Lawyers, PA. Our lawyers can review your policy and the circumstances surrounding your property damage, determine if your claim should be covered, and help you pursue the financial recovery you are entitled to.

2. If I Need to Move Out of My House, Will the Insurance Company Pay For Additional Living Expenses?

Depending on the circumstances surrounding your property damage, you may need to move out of your house because it is unsafe to stay there. However, whether the insurance company will pay for your additional living expenses, such as staying at one of the local hotels (North Miami Beach Garden Inn & Suites, Solé Miami, Miami Gardens Inn & Suites), will depend on your policy and whether the insurance company has found your home unsuitable for living and covers additional living expenses.

Yet, if you believe that this coverage should apply, but the insurance company is refusing to provide these additional living expenses, consider reviewing the incident with a skilled property damage attorney. These lawyers can help you figure out whether this policy should apply and assist you in going after all the benefits owed to you by the insurer.

3. What Is Considered Property Damage When It Comes to Your Vehicle in North Miami Beach?

Following a car crash caused by someone else’s negligence, even if there is no bodily injury involved, property damage can still result.

Consequently, these property damages should be paid for by your insurance company in addition to:

  • Total reimbursement
  • Lost value, which involves diminished value claims
  • Lost items, which refer to anything inside the motor vehicle damaged as a result of the crash, such as electronics, car seats, or other personal property
  • Rental cars
  • Fuel costs

Going over your car accident with a knowledgeable property damage attorney can help you figure out which of your losses should be covered by the insurance company and, if they are not, what you should do to go after maximum monetary damages.

4. The Insurance Company Offered Me a Settlement Offer. Should I Accept It?

Although receiving money from the insurance company may seem like great news, you should review your settlement offer in detail with your attorney before you accept anything. While the insurance company is obligated to compensate you according to the terms of your policy agreement once they have assessed the damage, insurance companies frequently engage in deceitful practices to ensure you get less than you deserve so that they avoid your claim eating away at their profits.

That is why before you accept a settlement from the insurance company, you should first speak with a property damage attorney from Dolman Law Group Accident Injury Lawyers, PA. Our legal team can go over any offers you receive from the insurance company, ensure these offers are fair to you and your needs, and if they are not, go back to the insurance company and fight for an equitable amount.

5. What if the Insurance Company Will Not Get Back to Me Regarding My Claim?

Insurance companies must promptly acknowledge your claim requests. If they do not get back to you, you may be able to take legal action against them and go after monetary damages. Working with an experienced property damage attorney can help you take on these insurance companies and their bad-faith tactics to fight for the justice you deserve.

6. What Happens if the Insurance Company Denies a Property Damage Claim?

Even if you pay insurance premiums, you can still get your property damage claim denied. However, if you believe the insurance company has erroneously denied your claim, you may still have legal options you can pursue. Depending on the reason for the denial, you may be able to go after compensation from a third party or go after the insurance company for the money you need.

To figure out these options, consider discussing your situation with an experienced property damage attorney from Dolman Law Group Accident Injury Lawyers, PA. Our lawyers can guide you on what course of action you can take next, help you understand the process for filing a lawsuit, and assist you as you fight for maximum damages.

7. Can I Pursue a Property Damage Claim After a Tree Falls on My House?

If a tree falls on your property in North Miami Beach and causes damage to your home, your homeowner’s insurance policy should cover these losses as long as the policy terms do not expressly exclude them.

However, some insurance companies will try to avoid providing coverage for these losses by asserting that the tree was rotting, diseased, or ready to fall, even without another force encouraging it, such as a storm. If the insurance company claims that the tree fell because of a maintenance issue, they may try to argue that they are not responsible for these costs.

Yet, if you believe that your insurance policy covers your property damages, consider consulting with knowledgeable legal counsel to determine what legal actions you may take.

8. If the Insurance Company Acted in Bad Faith, What Types of Compensation Can I Obtain From Them?

Under Florida’s laws, if you were affected by bad faith practices by the insurance company, you may recover compensation for all the damages that reasonably stemmed from this bad faith, including:

  • Initial claim value: If you made a valid property damage claim and the insurance company denied it in bad faith, you are still entitled to recover compensation.
  • Consequential costs: If you endured further costs that you would not have but for the insurance company’s unjust claim denial or delays, these costs may also be recovered. In addition, according to the state’s laws, these costs may include reasonable attorney and court costs if you had to pay these legal fees because of the insurance company’s bad faith.
  • Emotional distress: Depending on the circumstances, you may also be able to pursue emotional damages. However, you would need to show that the emotional damage directly resulted from the insurance company’s bad-faith claims practice.
  • Punitive damages: Bad faith lawsuits can also lead to punitive damages. However, unlike other compensatory damages, the court only awards punitive damages to punish the defendant for their egregious actions. As a result, to pursue these damages, you would need to show that the insurance company’s bad faith actions were either malicious, willful, or reckless or conducted with such frequency it can be determined as a practice and pattern.

If you want to figure out which of these damages you may be able to pursue after the insurance company acted in bad faith, contact the Dolman Law Group Accident Injury Lawyers, PA, as soon as possible. Our skilled legal team can help you not only figure out which of these damages may apply to your situation, but we can also protect you against the insurance company’s deceitful and abusive practices and help you fight for the money you need.

9. How Do You File a Lawsuit for Property Damages in North Miami Beach?

If the at-fault party does not want to pay for your property damages or the insurance company refuses to provide you with a fair settlement amount, it may be necessary to take your case to a judge and jury. However, pursuing a lawsuit for property damages is often complex and challenging, requiring a thorough understanding of the laws.

That is why in these situations, it may be a good idea to speak to a property damage attorney who has experience handling these types of claims and can help you through the lawsuit process.

10. How Long Will It Take for a Property Damage Insurance Claim to Resolve?

Due to the nature of insurance property claims, it is hard to say how long it may take for your claim to get resolved. For instance, depending on the insurance company’s actions, and if they unfairly deny your claim or offer you less money than you deserve, this period can extend significantly.

However, when you work with a skilled property damage attorney, you will not have to take on these legal claims alone. Rather, these lawyers can help you fight for your rights, go after the just and total compensation you need, and try to speed up this process so you can get your money as soon as possible.

11. How Much Will It Cost to Hire a North Miami Beach Property Damage Attorney?

Most property damage attorneys work on a contingency fee basis, meaning that you will not have to pay anything until they win your case and obtain compensation on your behalf. Furthermore, according to Florida’s laws, if the insurance company does not provide you with the proper coverage for your property damage claim, the insurance company may be responsible for your attorney fees, costs, and other compensation.

Consequently, do not let the fear of attorney costs stop you from pursuing the justice you deserve. Instead, contact an experienced property damage attorney today for a free case evaluation and find out how these attorneys can help you with your claim.

12. What Should You Bring When You Meet With a North Miami Beach Property Damage Attorney for the First Time?

When you meet with your property damage attorney for the first time, you will want to bring with you the documents you have related to your property damage, including:

  • Any paperwork related to the damage
  • Photographs and videos of the damaged property
  • Bills resulting from the damaged property
  • A complete copy of your insurance policy

Your attorney can use these documents to help strengthen your legal claim and fight for the financial damages you are entitled to.

13. How Can Dolman Law Group Accident Injury Lawyers, PA, Help You Handle Your North Miami Beach Property Damage Legal Claim?

If you sustained property damages in North Miami Beach and are having issues getting the insurance company to pay your claim, just know you do not have to deal with this complicated situation alone. Rather, you should reach out to an experienced property damage attorney from Dolman Law Group Accident Injury Lawyers, PA, as soon as possible to handle this legal ordeal.

Once retained, our legal team can review the extent of your property damage, determine your legal options, and address all your questions and concerns.

From there, we can also:

  • Obtain the evidence necessary to bolster your legal claim.
  • Handle negotiations and discussions with the other parties involved and ensure your case is treated with the respect it deserves.
  • Fight for a fair settlement amount and take your case to trial if the other party is unwilling to provide you with that compensation.

For more information regarding your North Miami Beach property damage case, contact us at Dolman Law Group Accident Injury Lawyers, PA, today for a free case evaluation. With offices across both Florida coasts, you can easily reach our attorneys at (305) 676-8154 or write to us using our online contact page.

Contact Our North Miami Beach Property Damage Lawyers Today

An experienced North Miami Beach property damage lawyer will be an important partner as you seek recovery. An attorney will assist you with assessing liability, preparing an inventory of the property damage, filing claims or lawsuits, interpreting your homeowner's insurance policy, communicating with other parties, preparing legal documents, and assessing settlement offers.

The Dolman Law Group understand the stress associated with damage to your home and are committed to securing each client the recovery they deserve. One of the most critical components to a successful attorney and client relationship is open lines of communication. For this reason, each client receives the personal cell phone number and email address of the attorney they are working with. Our commitment to our clients is clear from the accolades the firm has received from Lawyers of Distinction, Super Lawyers, and America's Top 100 High Stakes Litigators.

The Dolman Law Group are well-respected in the insurance industry, and we keep our commitment to injured homeowners clear by never representing insurance companies. If you or a loved one is seeking recovery for property damage in North Miami Beach, contact our firm today at (305) 676-8154 or through our website.

Dolman Law Group Accident Injury Lawyers, PA
1820 NE 163rd St #306,
North Miami Beach, FL 33162
(305) 676-8154

What Our Clients Have to Say:

“I can't express enough praise to Brent and his team for the superb results they achieved on my mother's personal injury case. Brent was very hands on with our case and had a genuine interest in my mother's well being. He has an amazing ability to explain all of the moving parts in a personal injury case. We were well informed of every aspect of our case and never felt confused for one moment. I would without a doubt recommend his services! Thank you again Brent !”

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September 2018
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Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has represented over 11,000 injury victims and has served as lead counsel in over 1000 lawsuits. Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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