Do you have a property insurance policy in Florida to protect your home? Anything involving flood or fire insurance? If so, you need to understand Florida’s Statute of Limitations when it comes to property insurance claims. At Your Insurance Attorney, we can help you dissect this law to get a better grasp on it. Located in Miami Dade County, we are an experienced insurance lawyer office who has all the knowledge you need to move forward. Contact us today!
What’s the Deal?
The purpose and effect of statutes of limitations are to protect defendants. The law is on your side, but only to an extent. You need to be quick.
This law states that an insurance policyholder must bring any lawsuit for breach of an insurance contract within four years of the loss that the insurance contract covers. That might sound like a weird technicality, but it could make a big difference if you lose property due to an unforeseen event. To understand just what this means, let’s take a look at this law piece by piece.
What is a Statute of Limitations?
Basically, it is a set timeframe where affected parties must take action to enforce their rights or to seek legal action after an injury or damage. This period can vary based on the nature of the case. Its objective is to encourage diligent prosecution of certain offenses while evidence is available and fresh. This ensures finality and predictability in litigation.
For example, a period for theft might prevent a prosecutor from convicting a defendant of stealing a package after a certain amount of time after the alleged crime occurred. But there are also statutes of limitations for civil actions.
The lawsuit must occur within a specific time period. For your case, the lawsuit is to recover a breach of the insurance contract. This means that if your insurance company doesn’t abide by the terms of your policy, you have four years to take them to court. Anything after four years will no longer have an effect toward a claim. This is a big deal because insurance companies try to get out of their policies all the time.
The second your damage ensues, the clock starts counting down. You have exactly four years, from the date of your loss to sue your insurance company for breaking their promise and violating their policy. If you or someone you know has a property insurance dispute with an insurer, it’s essential to get legal help immediately. Contact an insurance lawyer
Call Us Today For More Information
Here at Your Insurance Attorney, we are professionals committed to aiding you when it comes to an understanding of the statute of limitations. We will work with you or public adjusters all over the state of Florida, especially in Miami Dade County. We genuinely care about getting results for you and accomplishing a result that satisfies your needs. Our goal is to help you through great representation from start to finish. Our insurance lawyer office will fight for you. Contact us today.
It’s smart to be thinking about the statute of limitations on your insurance claim. As the article mentions, Florida gives you a four-year window to sue your insurance company if they don’t hold up their end of the bargain. That might seem like a long time, but trust me, it can sneak up on you – especially when you’re dealing with the stress of property damage.
One thing that the article doesn’t fully explain is that this four-year clock starts ticking on the date of the loss, not when you discover the damage or file a claim. So, if you had a fire two years ago but are just now fighting with your insurer, you might only have two years left to take legal action.
My advice as a lawyer is to document everything, file your claim promptly, and if your insurance company isn’t playing fair, don’t hesitate to talk to an attorney. They can help you understand your rights, negotiate with the insurer, and if necessary, take them to court before that four-year deadline hits.