Commercial property is different than a home. An income-producing property, like a large rental unit, is classified as a commercial property. Commercial property issues often require a lawyer to handle damage cases because they are different from residential properties. Be sure to visit Aandi Lawyers to find out more about commercial litigation.
There are many reasons that damage can occur on your commercial properties. Storms and vandalism are just two examples, but whatever your reason for the damage, it is always important to look for the right commercial property attorney. Even if you have insurance, it can be difficult to file a claim. Insurance companies do not want to pay out for claims and finding a lawyer who will ensure you get paid is your best bet. An attorney will make the process smoother, less stressful, and ensure you get the highest payout possible.
Finding the Right Attorney
Find a lawyer that fits your needs by considering the following:
Are They Local?
There isn’t necessarily anything wrong with looking at a national firm but hiring a local attorney will ensure you get someone who understands your area, lives through the same things you are living through, and has a personal connection to the area. Their reputation is on the line, and they will understand the insurance companies they may be dealing with.
What is Their Experience?
Attorneys often practice in certain areas. And, though many can handle generalities and dabble in all areas, it is safest to hire commercial property damage lawyers who understand the laws and use them daily. Hire a lawyer who has been around and has references and good reviews. Ask them their success rate and what they think their success with you will be.
Will They Fight for You?
Do you want to get straight to a settlement? Do you want to push it further and try to get all of what is deserved? Ask your attorney about how they will ensure you get a fair settlement. Make sure they will go above and beyond to ensure you’re taken care of. What policies does the attorney have regarding denied or drastically undervalued claims? What do they do? They should be able to assure you that they won’t back down from the insurance company until the claim is fairly paid.
Can You Get Along with The Attorney?
A friendly working relationship can be significant when it comes to hiring an attorney. They are coming into your life at a time of stress and perhaps even chaos. They should be there to help you and comfort you or make you feel more at ease through the process. It is important to hire a lawyer who can do the job. Hiring someone who seems right but you do not enjoy dealing with can cause more issues and discomfort than hiring someone who will talk you through things or has a personality that fits well with yours. Remember, the attorney is working for you, and you don’t have to pick the first person you meet with. Good lawyers won’t be insulted that you went with someone who fits your personality better.
Ask Your Potential Lawyer
- about their experience.
- if they know specialists in the area
- about a situation where the case didn’t turn out as planned
- about when they have done more than what was expected of them
- about their knowledge of the local area
- about their past experiences with the insurance company, you have
- about their success rate.
The Right Lawyer Will Protect You from Bad-Faith Practices
Bad faith is dishonest or unfair practices. In order to prove a common law claim, the insurer must have acted in an unreasonable manner and must have known or recklessly disregarded this fact. Statutory claims can have a lower standard of proof, requiring only that the insured was denied or delayed a benefit to which they were entitled.
Intentional Delays
When an insurance company investigates a claim, it may take a long time before agreeing to pay. This tactic is used to try to convince the policyholder to give up. Customers are generally notified within 15 to 60 days if their claim has been denied by an insurance company.
Incomplete Investigation
An insurance company must investigate a policyholder’s claim promptly and thoroughly.
Deceptive Practices
If the insurance company does not inform you of the claim filing deadline, you will not receive the documentation needed to complete your claim on time.
Low offers
Providing less than a valid claim is bad faith on the part of an insurance company. They are not permitted to avoid paying a valid claim in order to enhance their profits.
Misrepresenting Language
It is possible for insurance companies to intentionally interpret policy language in a way that works against the person making a claim. Insurance companies must be truthful about your policy and the law when making statements about it.
Refuse to Pay a Valid Claim
Insurers are required to follow fair claims practices according to state law. If the insurer denies a claim that the policy should cover, it may be considered to have acted in bad faith.
What to Think About Before You Need to Make a Claim
Don’t forget to plan ahead. You may never have property damage, but in the event that you do, having documentation of your property prior to the damage can prevent a lot of headaches.
- A property claim that is not well documented will most likely be denied or reduced by the insurance company. Be sure to document your damages thoroughly. Take pictures, video, and always listen to any suggestions from your attorney on how to document the damage.
- If you made repairs of upgrades to the property, keep track of them. Hold on to bills from your contractors and any past insurance claims.
- If you live in areas that can often be affected by storms, take a current video of the property once a year to show the conditions before storm season hits.
- If you have possessions on your commercial property, keep track of them. What is there, how much did it cost, and where did you purchase it?
It is a good idea to have a relationship built with the right commercial property attorney before you ever need them. Find someone you can work with, who has experience, good reviews, and even maybe personal referrals. Get a checklist from them on how to best document and protect your commercial property before it becomes a necessity.