Florida Insurance Claims & Litigation Lawyers

Fuxa & Tyler has a deep understanding of Florida-specific insurance laws and hurricane-related claims. Our approach is tailored to each client’s unique situation, emphasizing personalized service and clear communication. With numerous positive client reviews, we’ve shown commitment to securing fair outcomes for property owners. Our fee is contingent on winning your case, making legal assistance accessible without upfront costs.If your Florida property has been impacted by a hurricane and you’re facing insurance claim hurdles, engaging with a firm like Fuxa & Tyler could significantly aid in navigating this challenging time. Our expertise can be crucial in ensuring that your claim is handled correctly, your rights are protected, and you receive the compensation you’re entitled to for rebuilding your life after the storm.

Our Network

Here at Fuxa & Tyler, our goal is to make sure that property owners always have the best options when it comes to getting their lives back on track and their property repaired in a timely manner. Our network of professionals is made up of people in various industries that are helpful to property owners across the claims and repair process.

When cases come directly to us, we may need to either refer fieldwork out to a public adjuster or retain a PA as a consultant or expert for us to quantify or document the loss. As attorneys, we aren’t specialists to be taking photos and measurements or estimating the value. That should be done by expert adjusters. So if someone comes directly to us and doesn’t have any of this work done for their case yet, we’ll need to work with a public adjuster or contractor to get this part of the claim put together.

Public Adjusters

Public Adjusters are an essential resource for homeowners. Public Adjusters work with a homeowner in order to make sure that they get the largest possible settlement from their insurance company and put their claims forward correctly. Public adjusters also handle interactions with the insurance company, paperwork, inspections, and many other aspects of the claims process that are too difficult or time-consuming for a home or business owner to undergo on their own.

At Fuxa & Tyler, we pride ourselves on having a close network of public adjusters that we work with across multiple steps of the claims process. When it comes to property damage and insurance claims, we work with the best to make sure you get the most dedicated service possible.

Construction Law/Defects

Construction projects in Florida involve multiple parties, tight timelines, and high financial stakes, making disputes common. Construction law covers issues such as contract negotiations, construction defects, delays, and payment disputes. Defects can range from design flaws to substandard materials or workmanship, leading to structural issues that pose risks to safety and property values. A knowledgeable construction law attorney helps clients address these concerns, often by negotiating resolutions or pursuing legal action when necessary, ensuring that builders, contractors, and property owners protect their investments and uphold construction standards.

Insurance Repairs Gone Wrong

When insurance companies send their own contractors to repair a home, the results can be disastrous. Across the country, homeowners face incomplete dry-outs, hidden moisture, structural deterioration, and botched restoration work that creates more damage than the original loss. Insurers often prioritize speed and cost savings over quality, leaving families with unsafe conditions and denied supplemental claims. Repairs gone wrong occur when insurers misuse managed repair programs, invoke right-to-repair clauses improperly, rely on unqualified mitigation vendors, or deny responsibility for contractor failures. Fuxa & Tyler exposes these systemic issues, holds insurers accountable, and helps homeowners reclaim control over their property’s restoration.

Managed Repair Disputes

Managed repair programs give insurance companies significant control over the repair process after a property loss. While carriers promote these programs as efficient and cost-effective, homeowners frequently encounter problems such as incomplete repairs, unqualified contractors, and restricted communication. Disputes arise when insurer-selected vendors fail to restore the home properly or when the insurer uses managed repair to limit its financial obligations. A skilled insurance dispute attorney helps homeowners challenge improper repair practices, enforce policy rights, and ensure the property is restored to its pre-loss condition.

Right to Repair Disputes

Right to repair provisions allow insurers to elect to repair damage rather than issue payment, shifting control of the restoration process away from the homeowner. These disputes occur when the insurer misuses its repair option, provides inadequate notice, or delegates work to a contractor who performs substandard repairs. Because an insurer that elects to repair becomes responsible for the outcome, failures can expose homeowners to serious structural and financial harm. Legal representation is crucial to ensure the insurer complies with statutory requirements and fully accounts for all damage.

Insurance Claim Arbitration

Arbitration clauses in insurance policies limit a homeowner’s ability to pursue disputes in court, instead requiring claims to be resolved through a private arbitration process. Although insurers describe arbitration as streamlined, the procedure often favors carriers through limited discovery, strict evidentiary rules, and binding decisions with little opportunity for appeal. Homeowners facing arbitration benefit from counsel who understands insurance law, policy interpretation, and the technical presentation required to prove damages before an arbitrator.

Bad Mitigation and Dry-Out Work

When insurers dispatch their preferred mitigation contractors after a water loss, homeowners rely on these vendors to stabilize the property and prevent additional damage. Problems occur when contractors perform inadequate dry-out work, fail to remove wet materials, ignore moisture readings, or misrepresent the scope of damage. Improper mitigation can lead to mold growth, structural deterioration, and costly repairs that insurers often try to deny. An attorney experienced in mitigation disputes helps establish the contractor’s failures, document hidden damage, and hold the insurer accountable for the consequences.

558 Construction Defect Claims

Florida’s Chapter 558 process requires property owners to give contractors and developers an opportunity to inspect and respond to construction defect claims before filing suit. While intended to encourage early resolution, the process is often used by builders and insurers to delay action or minimize responsibility for serious defects. Construction defect issues may involve water intrusion, structural deficiencies, unsafe workmanship, or building code violations. A construction defect attorney navigates the 558 requirements, coordinates expert evaluations, and pursues appropriate remedies when contractors fail to address defective work.

Commercial/Business Litigation

Florida’s business landscape is fast-paced and complex, often leading to disputes that require skilled legal representation. Commercial and business litigation covers a wide range of issues, from contract breaches and partnership disagreements to intellectual property disputes and fraud. Navigating Florida’s commercial laws and regulations demands a deep understanding of both state and federal law, as well as industry-specific knowledge. An experienced business litigation attorney can guide companies through negotiations, mediation, and, if necessary, trial to protect their interests and secure favorable outcomes, allowing them to continue growing without prolonged disruptions.

Civil Litigation

Civil litigation in Florida encompasses a broad range of disputes that may not involve criminal penalties but still impact individuals and businesses significantly. This area of law includes personal injury claims, contract disputes, property conflicts, and employment disagreements. Civil litigation attorneys provide representation in mediation, arbitration, and court to secure resolutions that protect their clients’ rights. Florida’s civil courts follow distinct procedures and regulations, so having a seasoned litigator is essential to navigating the complexities and securing fair outcomes in cases that often have lasting consequences for those involved.

Personal Injury/Wrongful Death

Personal injury and wrongful death cases are often deeply emotional and involve complex legal processes. In Florida, these cases include auto accidents, slip and falls, medical malpractice, and other incidents where negligence leads to injury or loss of life. Victims and families face medical bills, lost wages, and emotional distress, and an experienced attorney can help them pursue compensation to cover these burdens. Wrongful death claims, in particular, allow surviving family members to seek justice and financial relief for their loss, holding negligent parties accountable in a way that honors their loved ones’ memories.

Nursing Home Abuse/Neglect/Exploitation

Florida’s elderly population is vulnerable to abuse, neglect, and exploitation in nursing homes and long-term care facilities. Nursing home abuse can take many forms, including physical harm, emotional distress, financial exploitation, and neglect of essential needs. Families place their trust in these facilities to provide safe, respectful care, and when that trust is broken, legal action is often the only recourse. An attorney experienced in nursing home abuse cases can help families hold these institutions accountable, ensuring they adhere to standards of care and protect other residents from future harm.

Family Law/Divorce

Family law in Florida encompasses a wide array of matters, including divorce, child custody, alimony, and property division. Florida is an equitable distribution state, meaning marital assets and debts are divided fairly rather than equally. Family law attorneys help clients navigate these emotionally charged issues, working to protect their rights and interests during negotiations or court proceedings. In divorce cases, they assist in determining custody arrangements, visitation rights, and financial support to ensure fair and workable agreements that prioritize the well-being of any children involved.

Estate Planning/Wills/Trusts

Estate planning in Florida allows individuals to protect their assets and make provisions for their families after they’re gone. Wills, trusts, and powers of attorney are essential tools in outlining how property should be distributed, minimizing tax burdens, and designating guardians or healthcare proxies. Florida’s estate planning laws include unique considerations such as homestead exemptions and probate procedures, which can complicate inheritance. A knowledgeable estate planning attorney helps individuals and families establish clear, legally sound documents to provide security and peace of mind for future generations.

Admiralty Law/Boat Accidents

Florida’s extensive coastline and waterways make boating a popular activity, but they also bring legal complexities under admiralty law. Boat accidents can result in injuries, property damage, and environmental impact, and cases often involve multiple jurisdictions and maritime regulations. Admiralty law attorneys assist with boating accident claims, handling issues like personal injury, liability, and insurance coverage, as well as compliance with safety standards. These attorneys are equipped to navigate the specific nuances of maritime law, protecting the rights and interests of those involved in Florida’s waterways.

Immigration Law

Florida’s diverse population includes many immigrants seeking to build lives and careers in the U.S., but immigration law remains intricate and constantly evolving. Immigration attorneys assist with visa applications, citizenship, green cards, and defense against deportation, ensuring individuals and families can navigate this challenging process. With the many categories of immigration status and specific requirements, such as family- or employment-based immigration, knowledgeable legal guidance can make a profound difference, helping clients achieve lawful status and secure their futures in the U.S.

Insurance Claims, Disputes, & Property Damage FAQs

What should I do immediately after my property is damaged?

Document the damage thoroughly with photos and videos, notify your insurance company as soon as possible, and avoid making permanent repairs until the claim has been inspected. Then contact Fuxa & Tyler to ensure your claim is filed correctly and protected.

How long do I have to file an insurance claim in Florida?

Generally, property insurance claims must be filed within one year of discovering the damage, and supplemental claims within 18 months. Acting quickly is important because insurers may use delays as a reason to reduce or deny coverage.

What is a bad faith insurance claim?

A bad faith claim occurs when an insurer fails to handle your claim fairly, such as by denying coverage without investigation, delaying payment, or misrepresenting policy language. Fuxa & Tyler helps clients pursue bad faith actions to recover what they are owed.

What types of property damage claims does Fuxa & Tyler handle?

The firm handles hurricane, windstorm, water, fire, mold, and roof damage claims, as well as business interruption, theft, and other residential or commercial property losses.

Why was my insurance claim denied?

Insurance companies often deny claims citing exclusions, late reporting, or pre-existing conditions. Fuxa & Tyler reviews denial letters and policy language to determine whether the insurer acted improperly.

Can I reopen or supplement a closed insurance claim?

Yes. If you discover new damage or learn that your payout was too low, you may file a supplemental claim. Fuxa & Tyler can help you gather the necessary documentation and meet all filing deadlines.

What if my insurer undervalued my damages?

Insurers sometimes underestimate the cost of repairs or replacement. Fuxa & Tyler works with independent experts and contractors to ensure your damages are accurately assessed and fairly compensated.

Do I need an attorney for an insurance claim?

While not required, having an attorney can make a significant difference. Fuxa & Tyler’s experience helps level the playing field against insurance companies and ensures that your rights are protected throughout the process.

What does “replacement cost value” mean?

Replacement cost value, or RCV, refers to the amount needed to repair or replace damaged property without deducting depreciation. Fuxa & Tyler ensures this calculation is applied correctly to your claim.

How does Fuxa & Tyler charge for insurance claim cases?

Most cases are handled on a contingency fee basis, which means clients pay nothing upfront and only owe fees if the firm recovers money on their behalf.

What should I do if my insurance company forces me into a managed repair program?

If your insurer attempts to place you in a managed repair program, you should immediately review your policy and consult with an attorney. Managed repair often gives the insurer full control over contractor selection and scope of work, which can lead to inadequate or incomplete repairs. Legal guidance helps protect your rights and ensures the insurer complies with all policy and statutory obligations.

Can I challenge the insurance company’s right to repair my home instead of paying me?

Yes. Insurers must follow strict contractual and statutory rules when invoking a right-to-repair clause. If they fail to provide proper notice, misinterpret the policy, or use the clause to avoid paying full benefits, you can challenge the election. An attorney can determine whether the insurer’s repair option is valid and what remedies are available if it is misused.

What happens if the contractor the insurance company sent does a poor job?

If the insurer selected the contractor, the insurer may be legally responsible for the contractor’s mistakes. Poor mitigation or dry-out work can lead to mold, structural damage, and additional repairs. A lawyer can document the deficiencies, obtain expert evaluations, and hold the insurer accountable for both the faulty work and any resulting damages.

How do I know if my home was dried out properly after a water loss?

Proper dry-out requires moisture mapping, removal of saturated materials, and continuous monitoring using industry-standard equipment. Signs of improper dry-out include odors, staining, warped flooring, peeling paint, and visible mold. If you suspect inadequate mitigation, an independent inspection and legal review are recommended immediately.

What is arbitration in an insurance claim, and is it mandatory?

Arbitration is a private dispute resolution process where a neutral arbitrator makes a binding decision. Whether arbitration is mandatory depends on your policy’s language. Some policies require arbitration for certain disputes, while others do not. An attorney can review your policy and explain whether arbitration applies and how it may affect your rights.

How is arbitration different from going to court for an insurance dispute?

Arbitration typically involves limited discovery, shortened timelines, and fewer procedural protections compared to litigation. The arbitrator’s decision is often final and difficult to appeal. Because insurers are familiar with arbitration, homeowners benefit from legal representation to prepare evidence, present expert testimony, and ensure the dispute is fairly heard.

What is a 558 construction defect claim in Florida?

A 558 claim is part of Florida’s pre-suit process for construction defect cases. Before filing a lawsuit, property owners must notify contractors or developers of the defects and allow them the opportunity to inspect and offer repairs or settlement. This process is intended to encourage early resolution but is often used by builders to delay responsibility, making legal guidance essential.

What types of construction defects qualify for a 558 claim?

Construction defects may include structural failures, water intrusion, roofing issues, foundation movement, electrical or plumbing problems, and violations of building codes or industry standards. Defects can arise from poor workmanship, design errors, or faulty materials. A lawyer can evaluate the defect and determine the appropriate steps under the 558 process.

What should I do if the builder denies responsibility during the 558 process?

If the builder denies responsibility, offers inadequate repairs, or fails to respond properly, you may proceed to litigation. A construction defect attorney ensures that all statutory requirements are met, evidence is preserved, and experts are engaged to support your case. Denials are common, and early legal involvement improves the chances of a successful outcome.

How can an attorney help if my insurance claim involves bad repairs, delays, or disputes over damage?

An attorney can review your policy, document the damage, challenge the insurer’s conclusions, and negotiate on your behalf. When insurers deny responsibility for their contractor’s work or attempt to limit coverage, legal representation ensures you receive the repairs, compensation, and protections your policy promises. If necessary, your attorney can file suit against the insurer, contractor, or both.

Contact Experienced Florida Insurance Claims & Property Damage Lawyers at Fuxa & Tyler

If your insurance company has delayed, denied, or underpaid your claim, do not face them alone. Fuxa & Tyler is committed to standing up for policyholders across Florida and ensuring you get the compensation you deserve. Our Florida insurance attorneys have extensive experience handling complex insurance disputes, property damage claims, and bad faith cases. Call 954-990-5251 to schedule a consultation and let our team fight for your rights and your recovery.