What to Expect During the Pleadings Phase of Insurance Litigation

Insurance litigation can be a lengthy process, but the end goal of getting policyholders like you the outcome they deserve makes it an important action we often must take.

At Silverberg|Brito, PLLC, the first phase we undertake with clients revolves around setting the foundation for potential litigation. It’s our time to fully understand what’s happened with the case, review your insurance policy and begin a pre-suit investigation. For more on what steps we take during the pre-suit process, read “What Happens During the Pre-Suit Phase of Potential Insurance Litigation?”.

Once we agree to continue with litigation, we begin what we refer to as the “Pleadings” phase of litigation.

What are Pleadings?

When a civil lawsuit is filed, the documents that are filed into the court record at the start of the case are called pleadings. During this stage of litigation, we assist our clients by undertaking the following:

1. File a formal complaint – We officially serve the complaint on your insurance company to Florida’s Chief Financial Officer. The insurance company then has 20 days to respond to the complaint.

2. Submit written questions and a request for documents – After giving the insurance company 20 days to respond, we submit written questions for the insurance company to answer in addition to requesting all related documents.

3. Review written responses from your insurance company – Your insurance company’s attorney responds to our complaint. Commonly, they respond with answers that defend their position. Additionally, they also frequently file a motion for an extension followed by a motion to dismiss the complaint. An extension is commonly granted.

4. Address the formal complaint – Your insurance company responds to the initial complaint.

5. Deflect the standard defenses – Commonly we then file a motion to strike the insurance company’s affirmative defenses.

While legal process surrounding insurance litigation may sound intimidating, especially for those who have never done it, we have your back from start to finish. We understand just how stressful it can be to experience damage to your property and then not receives the resources or funds to fully move on with your life. We lift that burden and make sure you can stay focused on the important things in life.

Contact us today to schedule a free consultation.

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