The following questions and answers are drawn from experience, but should not be considered legal advice. See DISCLAIMER.
My home burned down. Do I need a lawyer?
Maybe, maybe not. Some claims are handled without significant conflict. When the claim seems delayed, or the company adjuster becomes evasive, you may need a lawyer. Some danger signs:
- Your insurer hires a lawyer to direct the adjustment.
- Your insurer wants to take your examination under oath.
- Your insurer sends you a reservation of rights letter.
- Your insurer asks you to sign a non-waiver agreement.
- Your insurer changes adjusters, again.
- The adjuster won't provide direct answers to direct questions .
- The adjuster won't give you copies of investigation reports.
- The adjuster removes evidence from the scene without your permission, or without explaining the need for evidence.
How should I choose a lawyer?
Look for experience in cases like yours. Few attorneys have much experience in property insurance; an inexperienced lawyer can do more harm than good.
Why not get some help in choosing your lawyer? Go to your personal or business lawyer; he or she can help you find good counsel, and can negotiate the fee arrangements. Usually, your personal lawyer will stay involved in your case, helping the fire specialist.
Once you locate a potential lawyer, ask some pointed questions:
- How many cases like mine have you handled?
- Have you ever tried a case like mine to verdict?
- Who will actually handle my case -- you, a young associate, a paralegal?
Finally, remember that choosing your lawyer is the most important step in the claim. When you take that step, do it with confidence. Know that you chose the best person for the job, an aggressive, experienced lawyer you like and trust.
If you don't feel that confident about your choice, keep looking.
How much will it cost?
Good lawyers who specialize are not cheap. If you know you must file suit and go to war with an insurance company, consider a contingent fee agreement. You pay a percentage of the recovery, plus the actual costs.
Consider hourly fees if you just need some consultation and advice, or help with policy requirements. You will probably pay $200 or more per hour, but far less than under a contingent fee agreement.
Most insurance lawyers will meet, consult, and talk with you at a free initial interview. Email is a great way to get started.
