Technically, the answer is no. In reality, the answer is a resounding yes.

In Florida, individuals have the legal right to represent themselves in civil court. While legal entities like corporations and limited liability companies must retain licensed counsel, an individual can legally negotiate directly with an auto insurance company or even file a lawsuit without representation.

In legal practice, this is known as proceeding pro se. In theory, an injured driver can investigate the collision, file pleadings, conduct depositions, and present evidence before a jury in a courtroom entirely on their own.

Very few people do this, and doing so is rarely advisable.

When you file an injury claim on your own, you are not dealing with a neutral adjuster looking to provide fair reimbursement.

You are facing a dedicated team of insurance defense lawyers, adjusters, and retained experts whose objective is to deny liability or pay as little money as possible.

Why Early Insurance Settlement Offers Usually Fall Far Short

Insurance carriers routinely deploy aggressive tactics immediately following a crash. In many instances, adjusters reach out to an injured person within days of a collision, extending a fast, nominal cash offer.

The carrier makes this quick offer hoping the injured driver will accept the check and sign a broad release before consulting experienced counsel.

Once signed, that release functions as a legally binding, enforceable contract. You permanently forfeit the legal right to reopen the claim or demand additional compensation later.

Even if you require spinal surgery months down the road, or miss substantial work, you cannot seek further payment for:

• Medical expenses and physical therapy costs
• Lost wages and reduced future earning capacity
• Vehicle repairs or total loss property damage
• Pain and suffering damages

Over more than 30 years of litigating personal injury and wrongful death disputes across South Florida, I have found that initial carrier offers are typically a fraction of what a case is truly worth.

How Filing a Lawsuit Changes Claim Valuations

Insurance carriers understand that individuals without legal representation rarely possess the capacity to conduct complex discovery or challenge corporate defense teams in court.

As a result, carrier offers tend to reflect what they believe an unrepresented person will settle for under immediate financial stress—not the actual liability exposure.

In a recent matter handled by our firm, a driver was rear-ended at a red light by a commercial pickup truck. Prior to filing a lawsuit, the insurance carrier offered a total settlement of $8,000. Rather than accepting an undervalued payout, our team filed a civil lawsuit in court. Through formal litigation, we recovered the full available liability insurance policy limits of $200,000.

In another case, our firm was retained by the surviving children of a father who was killed in a motor vehicle collision. Several law firms had already evaluated the case and turned it down, asserting that a financial recovery could not be achieved for the adult heirs.

We accepted the representation, conducted a targeted liability investigation, and recovered the maximum policy limits available under both bodily injury coverage and uninsured motorist coverage.

Contingency Fees and True Financial Recovery

When you retain a personal injury lawyer, Florida law structures the representation on a contingency-fee basis.

You pay no upfront retainers or hourly fees, and attorney’s fees and litigation costs are paid solely as an agreed-upon percentage from the financial recovery obtained.

Some people wonder whether paying an attorney’s fee diminishes their net compensation. Without an experienced civil litigator analyzing liability, coverage limits, and medical damages, an injured claimant has no accurate measure of what their case is worth under Florida law.

Because initial insurance offers to unrepresented individuals are often drastically undervalued, the substantial difference between that preliminary offer and the final settlement or verdict routinely leaves the client with more net money in their pocket—even after legal fees and litigation costs are deducted.

Have questions about your rights? We are here to help

You do not have to navigate this stressful time alone. At Wites & Rogers, P.A., we invite you to schedule a Friendly & Free Consultation with our legal team. We handle cases on a pure contingency-fee basis, which means you pay absolutely no upfront attorney’s fees or litigation costs unless we successfully recover money for you.

Call Us 24/7: Toll-Free at 866-277-8631.

Contact Us Online: Submit your details directly on our secure Contact Us Page to receive a rapid response.

ADVERTISEMENT. All content in this post is provided for general informational and educational purposes only and does not constitute legal advice. Viewing this post, submitting a contact form, or communicating with the firm does not create an attorney-client relationship with Wites & Rogers. Past case results, verdicts, or settlements are described for informational purposes and afford no guarantee, warranty, or prediction of a similar outcome in any future legal matter. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Wites & Rogers is responsible for the content of this publication. Our primary bona fide office is located at 4400 North Federal Highway, Lighthouse Point, FL 33064.

The post Do You Need A Lawyer For A Florida Car Accident Claim? appeared first on Wites & Rogers.

There is an old saying many of us learned growing up, whether through youth sports, music lessons, or academics: the “Five Ps.” Prior preparation prevents poor performance.

When operating a motor vehicle, that principle takes on serious significance. South Florida drivers face unique hazards every single day.

Between heavy traffic along Interstate 95, crowded intersections on Federal Highway, and sudden subtropical downpours, a collision can happen without warning.

Proper preparation means having the essential tools and documentation within arm’s reach inside your vehicle before a collision occurs.

1. Official Vehicle Documents: Registration and Proof of Insurance

Under Florida law, drivers must carry proof of valid auto insurance and vehicle registration while operating a motor vehicle on public roads.

Keep current, legible copies of both in your glove compartment at all times. If you are involved in a collision in Lighthouse Point, Fort Lauderdale, or anywhere in Broward or Miami-Dade County, responding police officers will ask for these documents immediately.

Exchanging clear insurance information with other motorists at the scene helps avoid needless complications when establishing property damage or medical claims.

2. Window-Breaking Rescue Tool

Florida contains thousands of miles of roadside canals, lakes, and drainage retention ponds running alongside major highways and local thoroughfares. High-speed impacts can force vehicles off bridges, roadways, or elevated interchanges into bodies of water.

Once a vehicle is submerged, water pressure against the exterior makes opening the car doors almost impossible until the cabin completely fills. Electric windows can short-circuit within seconds.

An inexpensive window-breaking punch allows you to shatter a side window instantly, creating an escape path so you and your passengers can swim out safely.

3. Dedicated Seatbelt Cutter

During severe car accidents, seatbelt retractors and tensioners often lock under the force of impact. Severe structural cabin intrusion can also warp the buckle housing, leaving occupants trapped in their seats.

If your car catches fire, begins filling with water, or comes to rest disabled in high-speed highway traffic, you must exit the vehicle immediately.

A seatbelt cutter—often sold in a combined unit with a glass breaker—enables you to slice free from jammed restraints in seconds.

4. High-Powered Flashlight

Many collisions in South Florida occur after dark or during blinding rainstorms when visibility is severely compromised.

While smartphones feature built-in lights, using your phone as a flashlight drains battery reserves needed to call 911, contact family members, or take scene photographs.

A standalone, high-lumen flashlight allows you to:

• Inspect vehicle damage safely away from passing traffic.
• Signal your location to approaching emergency services.
• Examine the roadway for hazardous debris or leaking fluid.

5. Writing Pad and Pen

Even though most drivers carry smartphones, relying entirely on digital devices after a collision is a mistake. Phones break on impact, batteries die, and cellular networks can suffer delays.

A pen and notepad allow you to write down critical facts while they are fresh:

• Names, phone numbers, and addresses of all involved drivers and passengers.
• Contact information of eyewitnesses before they leave the scene.
• Responding law enforcement badge numbers and police report incident numbers.

6. Comprehensive Vehicle First-Aid Kit

In a catastrophic crash, severe injuries can require immediate attention before paramedics arrive on the scene.

Having basic medical supplies allows you to provide immediate first-aid care to yourself, your passengers, or injured pedestrians and cyclists. At a minimum, your glove box or console should contain:

• Sterile gauze pads and medical adhesive tape.
• Antiseptic wipes and burn treatment ointments.
• Nitrile gloves and elastic compression bandages.

Equipping your glove compartment with these six items takes minimal effort, but it ensures you are prepared to protect yourself, assist others, and secure critical evidence if an auto accident occurs.

Have questions about your rights? We are here to help.

If you have been injured in a car, motorcycle, truck, boat, bike or pedestrian crash, you do not have to navigate this stressful time alone.

At Wites & Rogers, P.A., we invite you to schedule a Friendly & Free Consultation with our legal team. We handle cases on a pure contingency-fee basis, which means you pay absolutely no upfront attorney’s fees or litigation costs unless we successfully recover money for you.

Call Us 24/7: Toll-Free at 866-277-8631

Contact Us Online: Submit your details directly on our secure Contact Us Page to receive a rapid response.

ADVERTISEMENT. All content in this post is provided for general informational and educational purposes only and does not constitute legal advice. Viewing this post, submitting a contact form, or communicating with the firm does not create an attorney-client relationship with Wites & Rogers. Past case results, verdicts, or settlements are described for informational purposes and afford no guarantee, warranty, or prediction of a similar outcome in any future legal matter. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Wites & Rogers is responsible for the content of this publication. Our primary bona fide office is located at 4400 North Federal Highway, Lighthouse Point, FL 33064.

The post 6 Essential Items Every South Florida Driver Must Keep in Their Glove Compartment appeared first on Wites & Rogers.

Every day on South Florida highways—whether driving Interstate 95 through Broward County or Federal Highway in Lighthouse Point—drivers pass billboards and see commercials from personal injury attorneys. Most of these advertisements deliver a lengthy, confusing list of legal tasks.

The real answer is straightforward. Only three steps demand your immediate focus after a collision:

1. Prioritize Your Health and Follow Medical Directives

Your physical and mental well-being is the single aspect of an accident where you retain complete control. Calling 911 must always take precedence over contacting a law firm.

• Allow paramedics to evaluate you at the scene. Even if adrenaline conceals initial symptoms, accept an on-site evaluation by trained first responders.
• Go to an emergency facility if you experience pain. Area facilities such as North Broward Hospital can detect internal trauma, perform vital imaging, and document crash-related injuries.
• Follow every treatment instruction. Attend follow-up appointments, complete rehabilitative therapies, and take prescribed medications to return to your pre-accident condition.
• Protect your insurance coverage. Under Florida’s 14-day Personal Injury Protection (PIP) framework, receiving prompt medical attention is legally required to preserve your personal injury medical benefits.

2. Document the Scene Without Endangering Your Safety

If your injuries allow you to safely move about the crash site, collect physical evidence before the scene is cleared:

• Photographs and Videos: Document vehicle damage, resting positions, skid marks, road hazards, and traffic signals.
• Identifying Information: Note vehicle make, model, license plates, and any commercial markings.
• Witness Information: Record the full names and contact numbers of any independent bystanders before they depart the area

If your injuries require immediate transport, ask a passenger or witness to document these details on your behalf. Never compromise your personal safety on a high-traffic roadway to gather evidence.

3. Record Your Recollection Confidentially for Legal Counsel

Memories degrade quickly following a traumatic crash. Specific facts regarding weather conditions, vehicle speed, and driver statements can become unclear within days.

Write an email, create a written document, or record an audio file detailing everything you recall about the event.

Draft or record this summary specifically as a communication addressed directly to your attorney.

Structuring your account as a direct client communication ensures that your impressions remain protected by attorney-client privilege, preventing insurance adjusters and defense counsel from compelling its production during initial claim inquiries.

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ADVERTISEMENT. All content in this post is provided for general informational and educational purposes only and does not constitute legal advice. Viewing this post, submitting a contact form, or communicating with the firm does not create an attorney-client relationship with Wites & Rogers. Past case results, verdicts, or settlements are described for informational purposes and afford no guarantee, warranty, or prediction of a similar outcome in any future legal matter. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Wites & Rogers is responsible for the content of this publication. Our primary bona fide office is located at 4400 North Federal Highway, Lighthouse Point, FL 33064.

Have questions about your rights? We are here to help.

You do not have to navigate this stressful time alone. At Wites & Rogers, P.A., we invite you to schedule a Friendly & Free Consultation with our legal team. We handle cases on a pure contingency-fee basis, which means you pay absolutely no upfront attorney’s fees or litigation costs unless we successfully recover money for you.

• Call Us 24/7: Toll-Free at 866-277-8631 or locally at 954-933-4400.
• Contact Us Online: Submit your details directly on our secure Contact Us Page to receive a rapid response.

The post What Should You Do After A Car Accident In South Florida? appeared first on Wites & Rogers.

If your homeowners or commercial property insurance claim was denied, the first thing you need to do is pull out your policy and look at the fine print.

Most policyholders don’t realize how insurance policies are actually structured. You will open a 30- or 40-page document, and maybe the first two to five of those pages explain what coverages you actually have.

The rest of the policy? It is dedicated entirely to exclusions and limitations—the provisions insurance companies use to take that coverage away.

To get a clear starting picture, find your policy’s declarations page. This is essentially the cover sheet at the very front. It outlines the specific types of coverage you purchased, your overall coverage limits, and your applicable deductibles.

If reading through dozens of pages of legal exclusions feels overwhelming, you aren’t alone. Having an attorney review your policy can quickly clarify where you stand. When seeking legal guidance, look for a law firm that exclusively represents property owners and never handles defense work for insurance companies.

After a claim denial, taking prompt action is critical to protecting your property and preserving your rights.

1. Document Every Aspect of the Damage

If you haven’t done so already, photograph and video all damaged property immediately. Document the full extent of the harm to your home or commercial building, including damaged building materials, structural components, and personal property.

Do not throw anything away before it has been thoroughly documented and inspected.

2. Obtain Independent Contractor Estimates

Do not rely on the insurance company’s valuation of your losses.

Get your own detailed repair estimates from licensed general contractors and other qualified professionals. You need an accurate, independent assessment to know what it will truly cost to fix your property and determine the full value of your claim.

3. Review Policy Post-Loss Duties (Including Proof of Loss)

Insurance policies contain strict contractual requirements that policyholders must fulfill when submitting or contesting a claim. One critical requirement is submitting a formal sworn proof of loss within a specified timeframe.

Insurance adjusters rarely point out these strict requirements to policyholders. However, if you fail to file a sworn proof of loss on time, the insurance company will quickly assert that you forfeited your right to pursue the claim entirely.

4. Consult a Property Insurance Attorney Immediately

Florida law places strict time limits on your ability to contest a denied insurance claim or take legal action against your carrier. Waiting too long can permanently extinguish your legal right to recover compensation.

Consulting an experienced property insurance lawyer allows you to review your options, ensure all post-loss contractual obligations are met, and build a strategy to fight the insurer’s decision.

ADVERTISEMENT. All content in this post is provided for general informational and educational purposes only and does not constitute legal advice. Viewing this post, submitting a contact form, or communicating with the firm does not create an attorney-client relationship with Wites & Rogers. Past case results, verdicts, or settlements are described for informational purposes and afford no guarantee, warranty, or prediction of a similar outcome in any future legal matter. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Wites & Rogers is responsible for the content of this publication. Our primary bona fide office is located at 4400 North Federal Highway, Lighthouse Point, FL 33064.

Is your insurance company denying, delaying, or underpaying your claim?

Don’t let insurance company adjusters shortchange your recovery. Wites & Rogers, P.A. works aggressively to protect policyholders and maximize claims. Get answers today with a Free Case Review. Remember, If We Don’t Win, You Don’t Pay Us.

Speak with an Attorney Now: Call 866-277-8631 OR 954-933-4400.

Want A Free Consultation?

Visit our Online Contact Form and tell us about your property damage.

The post Denied Property Insurance Claim? What Florida Homeowners Need to Do Next appeared first on Wites & Rogers.

When an insurance carrier extends an initial settlement offer on your property damage claim, your instinct might be to accept it so you can move forward with repairs. In almost every circumstance, you should say no.

That first offer is rarely enough money to cover the actual cost to repair your home.

In fact, you should expect to reject the second or third settlement offers as well. To protect your home and your financial investment, you need to work with lawyers who know how to say no to corporate insurance tactics.

Property insurance companies are for-profit corporations. They maximize their gross revenue by selling as many premium policies as possible, and they maximize their net revenue by denying claims or underpaying them.

Despite what you see in corporate television commercials, homeowner insurance companies are not your friends or your neighbors. Their primary fiduciary duty is to their corporate shareholders and executives, not to you or your family.

When you file a claim, carriers frequently deploy field adjusters to inspect your home. However, the corporate desk adjuster who ultimately reviews the file and determines the payout will routinely offer you less than the true value of your damages. This systemic underpayment happens even when the carrier’s own field adjusters document the extensive nature of your property damage.

Insurance companies often make a low initial offer to test your patience, hoping you will accept a quick payout while leaving room to negotiate if you push back.

In other instances, carriers simply make genuine, honest mistakes. They frequently fail to realize the full scope of your damages or misinterpret what you are legally entitled to receive under the plain, unambiguous language of your property policy.

The Critical Importance of Documenting Your Florida Home Annually

To successfully dispute an undervalued settlement offer, you must provide proof of your property’s condition prior to the storm or other event that caused the damage. This is why it is essential to fully document the interior and exterior of your home on an annual basis, well before any tropical storm or hurricane threatens South Florida.

Your annual home documentation checklist must be comprehensive and include clear photographs and high-definition video of:

• The entire interior and exterior structural framework of your property

• All light fixtures, built-in appliances, and mechanical systems

• Personal property, including high-end electronics, artwork, and clothing

• Detailed views of furniture, interior flooring, countertops, and cabinets

• Drone footage capturing the clean, undamaged condition of your roof and exterior siding

This documentation is vital if your policy provides replacement cost coverage for your personal property. For example, if you own a high-end couch or a complete living room set from Restoration Hardware, you are legally entitled to the replacement cost for that exact quality of premium furniture.

If you lack documentation, the insurance company will value your losses against cheap, budget alternatives from a discount furniture outlet. Without receipts, photos, and video proof, insurance carriers will systematically shortchange the true value of your assets.

Combating Pretextual Roof Claim Denials After South Florida Storms

Roof damage claims are among the most heavily contested insurance disputes in South Florida. Carriers routinely deny valid windstorm or hail claims by asserting that your roof damage is actually the result of ordinary wear and tear or defective workmanship.

While property owners have a practical duty to regularly maintain their roofs to prevent catastrophic water intrusion, you should never allow an insurance company to use routine wear and tear as a pretext to deny coverage for a sudden storm event.

This pattern of corporate denial is precisely why you cannot rely on the insurance company’s assessment. When a carrier investigates your property, they bring in their own handpicked engineers, corporate general contractors, and preferred roofers who are paid to protect the insurance company’s bottom line.

To level the playing field, you must hire your own experts. Bringing in a structural engineer, a certified roofer, an estimator, or a general contractor allows you to establish an accurate, unbiased evaluation of your structural damage.

Knowing the true value of your claim gives you the leverage required to reject a low corporate offer and submit a proper, fully supported counter-offer.

Navigating Realities: Deductibles, Alternative Living Expenses, and Loss of Use

When evaluating whether to accept or reject an insurance settlement, you must factor in how deductibles and additional coverages impact your out-of-pocket recovery.

First, recognize that you will never receive 100% of your gross damage calculations because your policy deductible will always apply to the claim, and insurance carriers are under no legal obligation to waive it. Different deductibles apply to different types of losses, and these variations must be weighed carefully during negotiations.

Second, if your property is rendered uninhabitable by a covered loss, you must utilize your policy’s “loss of use” or “alternative living expenses” coverage. Under standard Florida homeowner policies, the insurance company is legally obligated to pay for temporary housing that allows your family to maintain its established standard of living.

If you are forced out of a three-bedroom, two-bath house that features a private garage, the insurance carrier cannot fulfill its legal obligation by placing your family into a basic room with two double beds at a Days Inn or a Marriott. The carrier is required to provide sufficient financial assistance to rent a temporary property that matches the size, utility, and standard of your damaged home.

You may have to aggressively negotiate with the third-party relocation vendors hired by the insurance company because carriers regularly try to minimize these payouts.

Public Adjusters vs. Attorneys: How Changes to Florida Law Impact Your Recovery

Faced with an uncooperative insurance company, property owners generally choose between handling the claim alone, hiring a public adjuster, or retaining an experienced property insurance attorney.

Insurance companies protect their corporate interests with an entire team of field adjusters, desk adjusters, corporate engineers, preferred general contractors, underwriting specialists, and supervisors. Attempting to navigate this restrictive policy language on your own leaves you at a severe disadvantage.

While you should always resolve a claim on your own if the carrier immediately offers the true value of your loss, hiring representation becomes necessary when the company refuses to treat you fairly. When deciding whom to hire, you must consider a major, highly disadvantageous change to Florida insurance law passed several years ago.

Previously, a decades-old Florida statute required property insurance companies to pay a homeowner’s reasonable attorney’s fees if the homeowner had to file a lawsuit and won a settlement or a trial in court. Under that old framework, a homeowner could hire a public adjuster, and if a lawsuit subsequently became necessary, the insurance carrier would eventually absorb the legal fees.

The Florida Legislature repealed that historical fee-shifting statute. Today, homeowners no longer possess an automatic statutory right to force an insurance company to pay their legal fees.

This change in the law dramatically impacts your financial recovery. Property insurance attorneys perform all the investigative and damage-valuation services that public adjusters provide, with the critical distinction that an attorney can file a formal lawsuit to enforce your contract.

If you hire a public adjuster and your claim is subsequently denied or underpaid, you will eventually have to file a lawsuit anyway. Because the fee-shifting statute no longer exists, you will be forced to pay a percentage of your recovery to the public adjuster and another percentage to the law firm.

This double-dilution takes substantial money out of your pocket. By hiring a dedicated law firm from the inception of your dispute, you only have to pay a single entity out of your final recovery.

The repeal of the fee-shifting law has emboldened insurance companies to systematically underpay claims by relatively small amounts, such as $500, $1,000, $5,000, or $10,000. While a few thousand dollars may seem too small for a massive corporation to worry about, underpaying tens of thousands of individual claims translates into millions of dollars in corporate savings for the carrier.

For an individual Florida homeowner, however, an unpaid $10,000 or $20,000 is a material financial blow that can halt necessary home repairs. You have paid your policy premiums faithfully, and you have a right to hold your insurer accountable.

ADVERTISEMENT. All content in this post is provided for general informational and educational purposes only and does not constitute legal advice. Viewing this post, submitting a contact form, or communicating with the firm does not create an attorney-client relationship with Wites & Rogers. Past case results, verdicts, or settlements are described for informational purposes and afford no guarantee, warranty, or prediction of a similar outcome in any future legal matter.The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.Wites & Rogers is responsible for the content of this publication. Our primary bona fide office is located at 4400 North Federal Highway, Lighthouse Point, FL 33064.

Is your insurance company denying, delaying, or underpaying your claim?

Don’t let corporate adjusters shortchange your recovery. Wites & Rogers, P.A. works aggressively to protect policyholders and maximize claims. Get answers today with a Free Case Review. Remember, If We Don’t Win, You Don’t Pay Us.

Speak with an Attorney Now: 

Call 866-570-4264 Or 850-605-4547

Additionally You Can:

Visit our Online Contact Form and tell us about your property damage.

The post Should You Reject a Property Insurance Initial Settlement Offer In Florida? appeared first on Wites & Rogers.

We are starting to see a scenario play out more and more with Hurricane Ian insurance claims. Homeowners are filing flood claims with their flood insurance companies who are denying the claim by saying the damage was caused by wind.

Then, when the homeowner files the claim with their traditional homeowner insurance company, the carrier says the damage is not covered because it was caused by flooding and not wind.

If you are in a situation similar to this, then this article should help. We will cover:

• What damage is covered by Flood Insurance?
• What damage is covered by Wind Insurance?
• Why do Flood insurance companies blame obvious flood damage on wind?
• Why do Home Insurance companies blame obvious wind damage on flooding?
• Flood or Wind; Is  it really that simple?
• What should you do if your claim is denied by your flood or wind insurance?
• Are There Any Differences Between Hurricane Claims Where the Homeowner Must File a Flood Insurance Lawsuit and/or a Wind Insurance Lawsuit?

What damage is covered by Flood Insurance?

Flood insurance covers direct physical loss to the property caused by floods. In other words, if your home or personal property is damaged by a flood, your flood insurance should cover your claim and pay for your damages.

Flooding can be caused by any one of the following: overflow of inland or tidal waters; unusual and rapid accumulation or runoff of surface waters from any source, such as heavy rainfall; mudslides or mudflows caused by flooding that are comparable to a river of liquid and flowing mud; collapse or destabilization of land along the lakeshore or other body of water resulting from erosion or the effect of waves; or water currents exceeding normal, cyclical levels.

Large waves and storm surges caused by hurricanes can flood homes, tear houses out of their foundation, ruin cabinets, flooring, and drywall, and destroy not only the structure, but HVACS, electrical systems, and plumbing systems as well. These damages are covered by flood insurance.

Flood insurance can cover the physical structure of your home, your belongings, or both.

What damage is covered by Wind Insurance?

Wind insurance covers direct physical loss to property caused by wind. Wind related events include hurricanes, tropical storms, tornadoes, and hailstorms that bring high winds.

Hurricane winds can tear the roof off a home, break windows, and demolish doors and walls. These damages are covered by wind insurance. Additionally, when rain enters the home through an opening in the home caused by the windstorm, such as damage to a roof or window, the water damage to the home is covered by wind insurance as well.

Wind insurance can cover the physical structure of your home, detached structures on your property, your belongings, or all of the above.

Why do Flood insurance companies blame obvious flood damage on wind?

Insurance companies are a for-profit businesses. Insurance companies owe a duty to their owners (typically known as shareholders) to maximize profits. This means that the main goal of an insurance company is to make money, and insurance companies do this by selling as many insurance policies as possible, and then denying or limiting the amount they pay on as many claims as possible.

So, if an insurance company can avoid paying your claim, or limit the amount it must pay on your claim, by taking the position that your damages were caused by flooding – which is not covered under your Wind Policy – the insurance company may do so.

Why do Home Insurance companies blame obvious wind damage on flooding?

Like flood insurance companies, home insurance companies also seek to deny coverage by blaming a flood for causing the standing water inside the home. In order to reduce their costs and liability, they may allege the water damage came from a storm surge, for example, instead of rain that entered through damage to the roof or windows caused by wind.

Often times, a hurricane causes both flooding and wind damage that causes water damage. In that case, the insurance companies consider issues like whether flooding would have occurred if there were no opening caused by winds for rain to enter and flood a structure and how much of the water damage was caused by flood and how much by rain.

Flood or Wind; Is It Really That Simple?

Whether hurricane damage was caused by flood and/or wind damage is not often a simple question. Often times, a hurricane causes both flooding and wind damage, which then results in water entering your home and damaging your house and your personal property. In some cases, what appears to be only flood damage could be caused solely by wind damage, or vice a versa.

When it comes to flood insurance claims, the question is not “is there water damage” but the question is “how did the water cause the damage?” Did the water come from the sky or did the water come from the ground?

As described above, a storm surge of water from the ocean can clearly cause a flood in a home on the beach, which would be covered by flood insurance.

But if the strong, hurricane force winds created damage to the windows or doors and heavy rain entered the property through that damage and “flooded” the home, then it’s not technically flood damage; it is water damage caused by wind, which would be covered under the wind insurance.

What should you do if your claim is denied by your flood insurance or wind insurance?

Ideally, the adjusters for the flood insurance company and wind insurance company would work together to determine which damages were caused by flood and which damages were caused by wind. Unfortunately, it does not always work that way.

If your claim is denied by your insurance carrier, it is imperative to contact an attorney experienced in litigating these claims to help you make a claim in support of coverage.

The attorneys at Wites & Rogers can assist you in demanding the insurance company reconsider their denial of coverage, coordinating inspections and communications with the adjusters for all of your policies, aid you in submitting the necessary documents including a sworn proof of loss, receipts, and estimates, and retain experts, such as general contractors, roofers, and engineers, to refute the insurance company’s findings and help determine the source of the specific losses.

Are There Any Differences Between Hurricane Claims Where the Homeowner Must File a Flood Insurance Lawsuit and/or a Wind Insurance Lawsuit?

YES. There are very significant differences between Flood Insurance Lawsuits and Wind Insurance Lawsuits that can have a major impact on your claim.

Most homeowners and lawyers are familiar with Wind Insurance Lawsuits. This is a claim under your homeowner insurance policy, which can be filed in Florida’s State Court System.

Under Florida law, your insurance company is obligated to pay all of your attorney’s fees and costs if (A) the insurance company denies your claim and you recover money in court through a settlement, jury trial, or judgment, or (B) if you recover in court money through a settlement, jury trial, or judgment more than 50% of the difference between the amount you demand and the insurance company offers you prior to the filing of the lawsuit. In other situations, the insurance company may have to pay less than all, or even none, of your attorney’s fees.

Flood Insurance Lawsuits are different. These lawsuits must be filed in Federal Court. This means The United States District Court for the area in which you live. For example, if you live on the west coast of Florida, which was damaged by Hurricane Ian, your Flood Insurance Claim must be filed in The United States District Court for the Middle District of Florida.

And, for Flood Insurance Lawsuits, the insurance company is not obligated to pay your attorney’s fees or costs.

What to Do If You Have More Flood Insurance Claims Questions:

Wites & Rogers has experience litigation Hurricane Claims, Flood Claims, and other insurance claims, in both State Court and Federal Court. Our consultation is free. We will review your case, and explain all of your rights and options, without any charge.

And We Will Meet You At Your Damaged Property!

Marc Wites is uniquely qualified to handle flood claims because he has substantial Federal Court experience while many insurance lawyers do not. Our consultation is FREE. If we don’t win, you don’t pay us. 

Call 866-277-8631 for a Free Consultation.  If you have a damaged property in Florida your call will be transferred directly to Marc Wites if he is available.

The post Flood Damage Versus Wind Damage In Hurricane Ian Insurance Claims appeared first on Wites & Rogers.

Attorney Marc Wites announced the release of the 24th edition of the Florida Litigation Guide. The Guide, which is available at https://floridalitigationguide.com/, lists more than 80 popular common-law causes of action, the elements of each action, the most recent state and federal court cases that cite the elements of each action, defenses to each cause of action, and the action’s statute of limitations. The Guide also contains links to all of the cited case law.  Thousands of Florida lawyers have relied on The Florida Litigation Guide since it was first introduced in 1997.

No longer need young lawyers feel frustrated when a senior partner requested to “quickly” find the most recent Florida Supreme Court case citing the elements required to obtain a temporary injunction for a partner’s emergency motion. Experienced lawyers will also benefit from the ease at which they will locate information used in daily practice. From drafting complaints and answers, to motion practice, jury instructions and appeals, the Guide will be your starting and end-point for the research needed to build the cornerstones of your cases.

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Hurricanes can cause catastrophic damage to homes and personal property. Many homeowners do not realize they are underinsured until after a storm hits. Understanding your hurricane insurance coverage before disaster strikes can help you avoid denied or insufficient claims and better protect your home and financial security. Check your insurance policy’s declarations page, which lists your coverages, and ask your insurance agent the following ten questions: 

1. Do I Have Enough Insurance Under Coverage A (Dwelling Coverage)?

Coverage A is known as Dwelling Coverage, and includes your home or building, and any attached structures. If a hurricane destroys your home and it is a total loss, does your policy include enough coverage to rebuild your home?

2. Do I have enough insurance under Coverage B?

Coverage B includes unattached structures, such as a detached garage or shed.

3. Do I have enough insurance under Coverage C?

Coverage C is for Personal Property, such as furniture and clothing.

4. Do I have Replacement Cost or Actual Cash Value for personal property?

A very important part of this coverage concerns whether your policy provides for Replacement Cost (which requires the insurance company to pay the cost for you to replace your damaged property with a new item) versus Actual Cash Value (which only requires the insurance company to pay the current, or fair market value of your damaged property).

5. Do I have enough insurance under Coverage D?

Coverage D is sometimes referred to as Loss of Use or Alternative Living Expenses and includes the cost for you to live in another location if your home is uninhabitable. Depending upon the severity of the damage to your property, you may have to live in another location for many weeks, months or more. 

6. Do I have wind storm coverage, and if so how much?

Most policies include coverage for damage caused by wind unless the homeowner waives such coverage. This coverage may be important in the event that your home is damaged by wind from a storm.

7. Do I have mold coverage and, if so, how much?

Most insurance policies include only limited coverage for mold, and some exclude it altogether. You may able to pay an extra premium for more mold coverage.  

8. If I use my property as a rental property am I still covered?

Some policies will provide coverage only if you, the homeowner, live in the property, and will not provide coverage if you rent the property to someone else.

9. Are any coverages excluded under my policy and, if so, what?

Insurance policies provide coverage, and they also attempt to exclude coverage for many types of losses. You should know what is excluded under your policy, and whether it is possible to pay an additional premium to purchase coverage that is excluded under your policy. 

10. How much is my hurricane deductible?

If your home is damaged by a hurricane, your policy’s standard deductible does not apply.  Rather, the hurricane deductible applies. The deductible is the amount you must pay before the insurance company has to pay you any money.  Generally, your insurance company must offer your hurricane deductibles of $500, or 2%, 5% or 10% of your Coverage A limits for your dwelling.  

These ten questions are a good place for you to start. There are many other questions you might ask, such as whether your policy will cover your claim if the property is used for rental purposes or if your policy has law and ordinance coverage (which provides coverage to build your home to meet the current building codes).

And, if your property suffers damages in a non-weather related event, such as a burst pipe, there are still other questions you might ask, such as your policy’s limits on mold coverage and emergency water mitigation. In addition, your policy includes other coverages not discussed above.

Your insurance agent has a duty imposed by law to make sure that you have the right insurance coverage to properly insure your home and personal property. But, if you have any questions, you should ask now before the next storm is upon us.

Wites & Rogers represents homeowners and commercial property owners throughout Florida in claims against their insurance companies. For a free consultation, call Wites & Rogers at 1-866-277-8631 or via email at info@witeslaw.com

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After a hurricane damages your property, the steps you take next can significantly impact your insurance claim. Knowing what to do after hurricane damage can help protect your rights, document losses properly, and improve your chances of receiving full compensation from your insurance company.

1. Report Your Hurricane Insurance Claim Immediately

You should immediately contact your homeowners insurance company and your insurance agent to report your claim.  Following hurricanes insurance companies sometimes do not answer or immediately return calls. So, you should make a record of your effort to report your claim.  Each time you call your insurance company to report your claim, take a screen shot of the call from your cell phone (in the event you don’t have access to call detail reports on your cell phone bill).  You should also email your insurance company and insurance agent to report your claim and, again, save your sent emails so that you have proof that you reported the claim.

If you live in a condominium or other dwelling with a homeowners association that may be responsible for some or all of your damages, you should immediately report the claim to the association as well.

2. Take Photographs and Video of the Damage

You should photograph and, where appropriate, video the damage to your home and personal property. This includes damage to the interior and exterior of your home.  (Hopefully you photographed your property prior to the storm, so that your pre and post storm photographs and video will show that the damage did not exist prior to the storm). 

Regarding your personal property (such as clothing, shoes, furniture, rugs, etc.), do not throw anything away.  Not only should you photograph and video such items, but you should do everything possible to preserve such items until your insurance company sends an adjuster to inspect your damages.

3. Protect Your Property From More Damage

You have an obligation under your insurance policy and Florida law to do what is called “mitigate your damages,” which means to protect your property from further damage.  So, if you have broken windows or a leak in your roof, for example, cover these areas with tarps, plywood, etc. in order to present more water intrusion and damage.

4. Stay Someplace Safe

If your home is uninhabitable, your insurance policy includes coverage for what is known as Loss of Use, which is sometimes called Alternative Living Expenses. Your insurance company is obligated to pay any increase in your living expenses so that your family can “maintain its normal standard of living.”  This means, for example, that if your home – the insured property – is a 3 bedroom, 2 bath home your insurance company must pay the reasonable expenses incurred for you to rent a property similar to your home. In other words, your insurance company is obligated to do more than put you up in a hotel room. Your insurance policy has a limit on the amount of Loss of Use coverage, which is contained in Coverage D of your policy. Check your policy, and call your insurance agent with any questions. 

5. Consider Hiring A Lawyer To Help With Your Claim

Lawyers can also obtain an estimate of your damages, and help you process and negotiate your claim with your insurance company. Most lawyers charge the same percentage of your recovery from hurricane damages as would a public adjuster. If your case goes to court, you won’t have to pay the lawyer a percentage of your recovery because Florida law requires your insurance company to pay your legal fees and costs if your case settles in court or is won at a trial. Your insurance company will have a team of adjusters, contractors, engineers and lawyers who will try to deny or minimize the value of your claim. You should have your own team of experts to ensure that you receive the full value of the insurance coverage that you paid for and deserve.

Wites & Rogers represents homeowners and commercial property owners throughout Florida in claims against their insurance companies. Our team includes lawyers, paralegals, adjusters, contractors and other experts that we hire for each case. For a free consultation, call Wites & Rogers at 1-866-277-8631 or via email at info@witeslaw.com

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Dr. Reginald Archibald, an endocrinologist who spent his career at Rockefeller from the 1940s through the 1980s, is accused of sexually abusing dozens of child patients both during the course of examinations and also at his summer cabin in Canada.

In 2018, Rockefeller University Hospital received a complaint from a former patient, who accused Archibald of abuse in the late 1960s and 1970s. The hospital engaged a law firm to conduct a review of this complaint.

According to the report released today, “It is clear that Dr. Reginald Archibald engaged in acts of sexual misconduct and sexual abuse toward many of his pediatric patients while employed by RUH.”

The report concludes that Archibald’s misconduct was pervasive and that hospital management was aware of at least some allegations of misconduct while he continued to practice at the hospital.

Thanks to the brave survivors who have come forward to tell their stories, other victims who have suffered in silence for decades will now be empowered to also come forward and share their stories.

Hospitals must protect children from a doctor who uses his position of trust and authority to abuse patients.

Although Dr. Archibald is no longer alive, victims now have an opportunity to seek justice under a new law.  The Child Victims Act, signed earlier this year by New York Governor Andrew Cuomo, allows adult victims of childhood sexual abuse a one-year window to file civil lawsuits, regardless of when the abuse happened.

As attorneys who represent victims of sexual abuse, we know that there is nothing that can undo the trauma of childhood sexual abuse, but one major step on the journey towards healing is to seek justice and speak your truth.

If you would like more information about claims against Rockefeller Hospital or any other sexual abuse claim, contact Attorney Marc Wites for a free consultation:

866-567-7297

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What Is the Difference Between Actual Cash Value and Replacement Cost?

To begin, there are a few terms to know and understand.  Personal property includes items like clothing, furniture, electronics and so forth. “Actual cash value” is similar to fair market value, and it generally means what the item of personal property is worth today and factors in depreciation.  In contrast, “replacement cost” generally means the cost to replace the property with a brand new item that is similar in kind and quality.

At first glance, the actual cash value may seem like the more appealing option. A policy owner who just sustained a loss or damage to their personal property would want the actual cash value for their belongings. But, “actual cash value” does not mean “all the cash you need” to replace your property. Rather, the actual cash value is subjective, and also can become complicated.

It incorporates a deduction for depreciation, whereas replacement cost does not. In simple terms, “actual cash value” is more like “fair market value” and it means the amount of money someone might pay at a garage sale, or on eBay or craigslist, to buy your used, 10-year-old couch!

So, from the insurance company’s view, the term “depreciation” is an important one, as it means the original value of the item minus everyday wear, tear, age, and other factors that are applied to determine the current price of the item. As a result, when insurance companies use the term “actual cash value” they really mean fair market value, which is the selling price for a used item that a buyer and seller can agree upon.

Replacement cost, to the contrary, is the amount necessary to replace your damaged property with a brand new item, whether a couch, area rug, or other types of personal property. This may be ideal for homeowners due to the fact that it pays the costs to replace the property or items without the deduction of depreciation. Essentially, the homeowner gets the item replaced with a brand new one.

Here’s An Example

When determining which coverage to get, consider this example: A homeowner purchased a high-end leather couch that they paid $3,000 for in 2007. After Hurricane Irma, the contents of the home were ruined due to water intrusion, including the $3,000 couch.

If the homeowner had replacement cost coverage, the insurance company would pay the insured to repurchase the couch or a similar model couch if the old one was not available. It does not matter that the couch was over ten years old; replacement cost does not consider the wear and tear the couch had sustained, and depreciation is not a factor.

When your policy provides for replacement cost, the item is replaced with a similar, if not the same, item at today’s cost.

However, for a homeowner who has actual cash value coverage, the insurance company may offer $500 towards a new couch. The insurance company won’t care that your couch was in mint condition, had rarely been used and that your dog or cat never peed on or scratched the couch.

In other words, “used is used.” In order to calculate the actual cash value, the insurance company will take the replacement cost and minus depreciation to roughly determine the fair market value of your used couch, and that is what would be paid to the insured.

Replacement Cost “Costs”

While replacement cost is obviously better than actual cash value, it comes with a cost. You will pay a higher premium for a policy that provides for the replacement cost because in the event of a loss your insurance company will be required to pay more money to resolve your claim. As they say, you get what you pay for.

To that end, homeowners should pay careful attention to the language in their policy about the dollar limit on personal property coverage. It is important to have enough coverage so that in the event of a total loss your policy will cover your entire claim, whether at actual cash value or replacement cost.

In some instances, policy owners still may end up paying out of pocket to cover any additional amounts if the limits have been exceeded.

Is All Personal Property Covered?

Not all personal property is the same. What about items that have a value that may increase over time, such as a rare autograph, fine piece of artwork, or one of a kind antique? Unfortunately, insurance companies do not consider increases in value. Antiques, collectibles, and artwork may not only have a cap on how much coverage is applied to them, but they may also be excluded from the policy altogether.

Individuals with these types of items should always have documentation as to the value of each item, and ideally, have an appraisal performed. Any documents indicating the value of this type of property should be kept in a safe place, and you should keep extra copies in a location other than your property, such as a safety deposit box at the bank or in the cloud.

As the values of antiques constantly change, it is important to keep your insurance coverage current and updated. Individuals with collectibles, antiques, or artwork should speak to their insurance agent to make sure that they not only have coverage for such items but that they adjust the amount of coverage as the value of such items increases over time.

Know Your Policy

Remember, policies can always be modified and changed. It is important to review the homeowner’s insurance coverage options yearly in order to obtain the best-priced premium for the individual’s specific budget while maximizing coverage.

If You Need Help

If you suffer a loss and your insurance company fails to pay the right amount for your personal property, or any other aspect of your claim, contact The Wites & Rogers. We represent homeowners in claims against their insurance companies. The consultation is free, and you won’t have to pay our attorney’s fees if your case is settled in court or won at trial as Florida law requires the insurance company to pay your legal fees.

And We Will Meet You At Your Damaged Property!

Marc Wites is uniquely qualified to handle flood claims because he has substantial Federal Court experience while many insurance lawyers do not.

Call 866-277-8631 for a free consultation.  If you have a damaged property in Florida your call will be transferred directly to Marc Wites if he is available.

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The Child Victims Act is now the law of the land in New York. On February 14, 2019, Governor Andrew M. Cuomo signed the new law, which ensures sex abuse victims have a reasonable time period to sue their attackers, and those victims with claims that were too old to file now have a one-year window in which to file their claims.

Update 8/3/2020: Governor Cuomo signed into law an extension of the Child Victims Act, so the deadline to file cases has been extended. It is no longer August 14, 2020. It is now August 14, 2021

The new law does three basic things to extend the deadline by which victims can file lawsuits (which is known as the statute limitations):

• Sex abuse victims can pursue criminal charges until they reach age 28;
• Sex abuse victims can file civil cases until the age of 55;
• Sex abuse victims over the age of 55 with claims that had expired prior to the passage of the new Act will have a one-year window, which begins six months from the passage of the Act, in which to file their claims.

Before the Child Victims Act was passed, the deadline to file criminal charges was five years from the date of the abuse and the deadline to file civil cases was three years after the victim’s 18th birthday.  If the prosecutor or victim missed such deadlines, nothing could be done.

In addition to extending the deadlines, the new law also gives those victims whose claims would still be barred under the new law a one-year window to file their claim, regardless of their age and regardless of how long ago the abuse occurred. However, this window does not open immediately.  Victims must wait six months from the passage of the Act, which is August 14, 2019, to file their claims, and they will have one year to do so.

This opens the door for victims of Dr. Reginald Archibald and Rockefeller Hospital to file claims that would otherwise be expired and time barred.  So, for example, a 57-year old victim, or a 64-year old victim, will have a one year period, which begins on August 14, 2019, which to file a lawsuit to obtain justice and recover for the childhood sexual abuse they suffered at the hands of Dr. Archibald.

Dr. Reginald Archibald, a pediatric specialist for children with growth issues at Rockefeller University Hospital in New York, was accused of sexually assaulting many former child patients during his so-called physical routine. Rockefeller University admitted that it learned about Dr. Archibald’s abuse in 2004 but waited 14 years to contact survivors.

Since then many former patients of Dr. Archibald have come forward, stating the doctor’s sexual abuse including touching their genitals, forcing them to masturbate in front of him, and taking naked pictures of them.

Rockefeller Hospital hired a law firm to investigate Dr. Archibald and concluded that at least some of Dr. Archibald’s conduct was “inappropriate”.

Several months after the investigation, Rockefeller hospital issued a report admitting that Dr. Archibald sexually abused child patients.

The Hospital has since rescinded his emeritus status and deleted his references on the Hospital website.

For many of Dr. Archibald’s victims, it has not been easy to report sexual assault. Even adults find it stressful, embarrassing and humiliating to share their sexual assault experience.

Marc Wites and The Wites & Rogers represents victims of childhood sexual abuse. Marc is a well-known sexual assault victims attorney and is currently representing victims of Dr. Archibald. Marc most recently obtained a record-breaking settlement for four women who were sexually assaulted 11 years earlier by their third-grade teacher.

If you would like more information about claims against Rockefeller Hospital or any other sexual abuse claim, contact Attorney Marc Wites for a free consultation:

866-277-8631

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