What Happens During the Pre-Suit Phase of Potential Insurance Litigation?

Insurance is designed to protect us in many areas of our lives – our health, our homes, our vehicles, to name a few. By purchasing it, we enter into an agreement that if some unforeseen negative event were to happen, we would in turn be protected against future financial hardship.

When you purchase an insurance policy, you trust that your insurance company will respond in good faith and hold up their end of the contractual obligation if something were to happen.

Unfortunately, insurance litigation exists for a reason.

Not all insurance companies treat their policyholders in good faith.

What Happens First During Insurance Litigation

Pursuing litigation is not something to take lightly, but in many instances, it is the only path forward to receiving a just outcome. Florida Statute 624.155 is clear in stating when a person may bring a civil action against an insurer.

At Silverberg|Brito, PLLC, we understand the importance – in fact, the necessity – of receiving your rightful property insurance claim distribution. Your family, your livelihood, and your home depend on it. Getting entangled in an insurance dispute is the last thing anyone wants to deal with. That’s why we’re here.

Prior to entering into litigation, we conduct a pre-suit investigation. This includes many stages, namely:

1. Scheduling an initial consultation – We meet with you where you feel most comfortable – in your home, virtually, or elsewhere – to learn about the case and discuss your options, your rights, and the obligations under your policy.

2. Review your insurance policy – We obtain a certified copy of your insurance policy from either you or your insurance company and review it.

3. Begin pre-suit investigation – This involves ensuring that we have a good-faith basis to file a lawsuit.

4. Lay out the path to resolving your case – We review all documents, evidence, potential exhibits, and other pertinent facts to develop the ‘theory’ of the case.

5. Offer your insurer a chance to avoid the rest of the process – Silverberg|Brito, PLLC sends a letter to your insurance company requesting a final payment.

6. Determine next steps – We discuss with you your options and rights under your insurance policy, and, if necessary, we advise to file a lawsuit.

If you experience property damage, get in touch with us right away. We’ll be by your side from the start so you can achieve the best possible outcome. And if insurance litigation does become necessary, we will fight tooth and nail to get you what you deserve – and it won’t cost you a thing unless we recover money for you.

Get in touch to learn more about how we at Silverberg|Brito, PLLC can help you.