Facing a property damage claim can feel like navigating a maze with no clear exit. Something as relatively minor as a burst pipe could cost you $50,000 in damages—yet an insurance company might initially offer you less than half that amount.
That’s where having the right property damage attorney becomes a game-changer. A skilled attorney’s expertise can mean the difference between a frustrating loss and securing the full compensation you deserve.
For 40 years, Merlin Law Group has represented property owners in states all across the country from Florida to California. Our attorneys have represented homeowners, small business owners, condo associations, even school districts and municipalities—clients who have suffered almost every catastrophe imaginable only to find that their insurer refused to pay what they owed. In that situation, having an experienced property damage attorney advocating for you makes all the difference.
This guide will show you when to seek legal help, what qualities to search for in an attorney, and how you can ensure justice is on your side.
When Should You Hire a Property Damage Attorney?
While some claims are resolved with minimal resistance from the insurance company, others are met with delays, low-ball offers, or outright denials. These are some of the most common scenarios where hiring a property damage lawyer is essential:
- Delayed Claims: If your insurance company is taking an unreasonable amount of time to process your claim
- Low-Ball Offers: When the settlement offer doesn’t cover the extent of your damaged property or losses
- Denied Claims: If your claim is denied unjustly or under questionable grounds by your insurance provider
- Bad Faith Insurance Practices: When insurers fail to act in good faith by misrepresenting policy details, unfairly denying claims, or unnecessarily delaying payouts
If any of the above applies to your situation, seeking legal help is critical in ensuring you receive fair compensation.
Why Choosing the Right Attorney Matters
Specialization matters when it comes to property damage claims. Here’s why choosing an attorney with expertise in property damage and insurance law makes all the difference in your case.
1. Specialized Knowledge of Property Damage Claims
Property damage cases are complex. They often involve in-depth knowledge of insurance policies, adjuster tactics, and the coverage exclusions your insurance company may try to exploit to deny or reduce your claim. Most attorneys won’t have the expertise required to handle these nuances.
2. Familiarity with State Laws
Your attorney must have a firm grasp of your state’s specific laws governing property damage and claims. This includes understanding the statute of limitations for filing claims and how state regulations impact insurance company practices.
3. Understanding Insurer Tactics
Insurance companies employ experienced adjusters and lawyers to minimize their payouts. They may request excessive documentation, delay correspondence to draw out a case, or even switch adjusters midway to deliberately complicate the process. A skilled property damage attorney knows how to counter their strategies, ensuring you aren’t taken advantage of.
For instance, in a recent case involving our client Ash Meadows, their property damage claim against their insurance agency was mishandled, leading to a bad faith lawsuit. Despite clear evidence from multiple reports, including one prepared by the insurer’s own independent adjuster, the insurer failed to properly investigate and evaluate the claim. Testimony revealed that critical reports were ignored, including one from an engineering firm hired by the insurer, and they delayed the first payment for an unreasonable 11 months. With support from the Merlin Law Group team, including attorneys Larry Bache, Jon Bukowski, and Mike Duffy, Ash Meadows prevailed in court. The jury found that the insurer acted in reckless disregard of industry standards and concluded that the insurer knowingly failed to investigate and process the claim in good faith.
Cases like these exemplify the importance of choosing a property damage lawyer experienced in handling insurer bad faith claims, as policyholders need a reliable advocate to ensure they’re treated fairly and receive the compensation they’re owed.
How To Choose the Right Property Damage Attorney
Selecting the best attorney for your case requires research and careful consideration. Here are six key factors to keep in mind.
Look for Proven Experience
A proven track record in various practice areas is one of the most important criteria.
- Ask about case studies or verdict histories related to property damage.
- Verify their experience with cases involving natural disasters, water damage, storm damage, vandalism, and other types of property damage.
- Look into whether they have trial experience if your case requires litigation.
Evaluate Their Reputation
Take time to research the attorney’s reputation.
- Check online reviews and client testimonials.
- Look for law firms with expertise working alongside adjusters or resolving complicated insurance claims.
- Request client references if possible.
Check Resources and Accessibility
Strong law firms often have access to specialized tools and experts that can strengthen your case.
- Do they work with engineers, forensic accountants, and other professionals who can corroborate the damage to your property?
- Ensure they offer a free case evaluation or free consultation to assess your claim.
Additionally, ensure the attorney is accessible and communicative. You should feel confident that they’ll keep you updated throughout the process.
Focus on Client Relationship
You want an attorney who puts your best interests first. Look for signs that they prioritize your needs over a quick settlement.
- Is the attorney clear and transparent in their communication?
- Do they provide regular updates on your case?
- Can they explain legal jargon in terms you can understand?
Assess Their Determination
Insurance companies don’t always play fair, so you’ll need an attorney who knows how to fight for a fair settlement. Look for a lawyer who isn’t afraid to challenge low-ball offers, pursue bad faith lawsuits, or take your case to trial if necessary.
Consider Cost Transparency
The financial aspect of hiring an attorney can be intimidating, but many property damage attorneys operate on a contingency fee basis. This means you pay nothing upfront and only pay if they win your case.
How a Skilled Property Damage Attorney Secures Fair Outcomes
Insurance companies are profit-driven enterprises, and when large property claims are on the table, their goal is often to minimize payouts—not to ensure you’re made whole.
Hiring the right attorney helps level the playing field and maximize your claim’s potential payout. Here’s how.
Handling Insurance Company Tactics
Insurance adjusters often use a common set of tactics to limit liability and minimize payouts, such as undervaluing the scope of the damage, delaying communication, denying coverage based on vague exclusions, or pressuring policyholders to accept lowball offers. By anticipating these strategies, an attorney can push back with legal precision, challenging flawed inspections, demanding proper documentation, negotiating on your behalf, and holding insurers to the standards required by law.
Guiding the Claims Process
Claims for fire damage, flood damage, and wind damage all come with their own set of rules. From filing the claim to preparing legal documents, an experienced attorney simplifies the often-confusing claims process and ensures your legal rights are protected.
Maximizing Your Settlement
By working with industry experts, your attorney ensures that all damages (structural, personal property, business interruption, etc.) are accounted for, resulting in a comprehensive claim that reflects the true extent of your losses. Whether the damage involves a home, a commercial property, or a high-value asset, having an attorney involved means you’re not navigating the process alone, and you’re far less likely to leave money on the table.
For example, a recent case handled by Merlin Law Group attorney Larry Bache underscores our firm’s expertise in identifying and contesting inadequate policy coverage. After a devastating fire destroyed a Missouri home, the insurer attempted to deny coverage, citing policy exclusions for the intentional acts of “any insured.” Bache’s immense knowledge and meticulous approach were pivotal in demonstrating that Missouri law protects innocent co-insureds from being unfairly penalized for the actions of others. By leveraging precedent, analyzing policy language, and utilizing resources from other jurisdictions, Bache successfully upheld the court’s summary judgment in favor of the policyholders.
This case highlights why choosing a property damage insurance claim attorney with experience and tenacity, like those at Merlin Law Group, is crucial to overcoming insurers’ aggressive tactics and ensuring fair treatment for policyholders.
Next Steps for Policyholders
If you’re ready to take action and secure the fair compensation you deserve, here are some immediate steps to consider.
- Reach out to a trusted property damage attorney for a free consultation.
- Gather evidence of your damages, including photos, estimates, and any communication with your insurer.
- Get in touch with a public adjuster to strengthen your claim before pursuing legal action.
At Merlin Law Group, we’ve been advocating for property owners for over 35 years. Whether you’re dealing with hail damage, tornado damage, hurricane damage, a denied homeowners’ insurance policy, or any other type of property damage claim, our team is here to help.
FAQs About Property Damage Claim Attorneys
When Should I Hire a Property Damage Claim Attorney?
You should consider hiring a property damage claim attorney as soon as you encounter any resistance or complications with your insurance company, whether that means a claim denial, an offer that seems too low to cover your losses, unexplained delays, or disputes over what’s covered under your policy. Hiring an attorney early in the process—especially for high-value claims involving fire, water, hurricane, or mold damage—can prevent mistakes, expedite resolution, and significantly improve your chances of a fair and timely settlement. Not every minor claim requires legal help, but an attorney becomes crucial when the damage is extensive, the language in your policy is confusing, or you suspect the insurer is acting in bad faith.
What Is Considered Bad Faith in Insurance?
Bad faith in insurance law refers to an insurer’s breach of the implied covenant of good faith and fair dealing that exists in every insurance contract. Insurers are expected to treat their policyholders’ interests with equal consideration to their own, and to investigate, evaluate, and settle claims in a prompt and reasonable manner. When an insurer unreasonably delays payment, denies a claim without a thorough investigation, misrepresents policy terms, withholds essential information, or engages in any conduct designed to frustrate or avoid its contractual obligations, it may be acting in bad faith. Bad faith isn’t merely poor customer service or an honest mistake—it involves conduct that is unreasonable, dishonest, or driven by a conscious disregard for the policyholder’s rights. That’s why a bad faith claim, unlike a simple breach of contract, opens the door to additional damages, including consequential losses, attorney’s fees, and even punitive damages in some jurisdictions.
How Can a Property Damage Claim Attorney Help Me in My Case?
A property damage claim attorney is an essential advocate when you’re facing challenges with your insurance company. A skilled property damage attorney can interpret your policy, gather and present evidence, negotiate with the insurer, and, if needed, file a lawsuit to protect your rights and recover the full amount you’re owed. An attorney can manage all communication with the insurance company, freeing you from the stress of back-and-forth negotiations and helping prevent costly missteps that could jeopardize your case. Whether your property damage stems from fire, water, storm, or another disaster, involving a property damage claim attorney early can strengthen your position, expedite the resolution process, and significantly increase the likelihood of a fair and timely outcome.
Do I Need to Go to Court for My Property Damage Case?
Not all cases require litigation. Many are resolved through negotiation, settlement, or alternative dispute resolution methods like mediation or appraisal, but it ultimately depends on how your insurer responds to your claim. As property insurance attorneys, our first goal is always to resolve the dispute efficiently and favorably outside of court by presenting compelling evidence, applying pressure through formal demand letters, and engaging in strategic negotiations. Filing a lawsuit may be necessary if all reasonable avenues for resolution have been exhausted and your financial recovery depends on compelling a judge or jury to intervene. That said, even once a lawsuit is filed, most cases still settle before trial.