Wind Damage
March 13, 2020 admin

Wind Damage

Wind damage can have devastating effects on property, particularly during hurricanes, storms or tornadoes. High winds could result in severe damage to your roof, including blowing it entirely off or causing trees to fall onto your roof. High winds can also blow down fences or damaged windows to cause them to leak or break. There can also be hidden damage with high winds, including damage to the attic or roof which is not discoverable without a thorough inspection. Insurance companies know this and may try to pay you quickly without a full inspection. Other times, insurance companies will underpay you by claiming the damage was pre-existing prior to the wind or storm.

At Schlacter Law, we understand how damaging high winds can be for any property owner. We also understand how insurance companies will try to hide damage from high winds or claim other types of damage which will fit an exclusion in order to block your claims. We won’t let this happen. We have recovered millions of dollars for our clients against insurance companies. We offer a FREE consultation and, if we accept your case, we will aggressively pursue your case. This includes hiring professionals and experts to prove the damage to your property was from high winds or a covered loss and not other damage that can be excluded. There is no risk to ask for our help because we only get paid when we recover compensation for you. Call our award-winning law firm by dialing (305) 999-1111 or fill out a free case evaluation to discover what our wind damage claim lawyer at Schlacter Law can do for you.

What Types of Protect Are There For Wind Damage?

Most homeowner’s insurance policies cover damage for wind. Some policies may have high wind exclusions, including here in Florida and on the coasts. It is important to make sure that your policy has coverage for wind damage. As part of that coverage, it is further important to have dwelling coverage for your house and personal property coverage for your possessions inside. There may be deductibles and coverage limits for wind damage which you have to pay out of pocket which could reduce your overall claim. Further, most of the time a homeowner must prove that there is proof of a wind-created opening in the roof, walls, or entrance to the property where water, rain or debris came into the premises.

Get Schlacter Law to Support Your Wind Damage Claim

Even though most homeowner’s insurance policies protect against wind damage, there are far too many instances where wind damage claims are denied or underpaid. This is because insurance companies have many tricks to reduce the compensation to which you may be entitled. Our experienced wind damage claim lawyer knows these tricks and knows how to fight back against improper denials and bad faith from an insurance company. Call our wind damage lawyer at Schlacter Law for a FREE consultation to learn what your case may be worth and how we can start protecting your rights to compensation today.

How We Handle Cases

  1. Investigation
    • Your attorney will aggressively investigate your claim. Schlacter Law will compile all necessary evidence needed to maximize the value of your claim. Schlacter Law will also retain on your behalf experts to evaluate the scope of your claim. In other words, the experts will be retained to determine the cost of all of your necessary repairs. These experts may include but are not limited to professional adjusters, engineers, roofers, plumbers and general contractors.
    • You will remain in constant contact with Schlacter Law about the progression of your claim.
  2. Negotiation
    • Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
    • Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
  3. Litigation
    • If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
    • At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.


Frequently Asked Questions

How long do I have to file a claim?

As soon as you can do so. Most insurance policies require you to give notice of damage within days of the claim or as soon as possible. It is imperative that as soon as any damage occurs, you should immediately contact your insurance company to open a claim. If the claim is denied or underpaid, you may have five years after the date of wind damage to commence an action for a breach of contract action against the insurance company. Never delay in any claim, especially a wind damage claim as your claim can be denied for failure to timely report the claim or for failure to mitigate your damages. Further, Florida Law provides shorter time periods to report claims such as Fla. Stat. 627.70132 which gives the homeowner three years to report a windstorm or hurricane claim. This is not the only limitation in Florida so do not wait and contact a lawyer immediately.

What may I recover in a wind damage claim?

It depends on what policy and coverage you have and what damages were caused by the wind. Repairs and replacement are common, especially for damage to a roof, damaged fence, or broken windows. When a tree falls onto a structure due to high winds there could be other structural issues with a property to check, including foundation issues or framing issues. Further, some policies also cover loss of use, contents and other coverages which can be reimbursed.

How much does a wind damage claim lawyer cost?

Nothing upfront. In some instances where an insurance company improperly denies coverage or fails to honor a claim and you successfully challenge the insurance company in court, Florida law requires the insurance company to pay for your attorney’s fees. In other circumstances, we may agree to accept your claim on a contingency fee agreement. This means that we only get paid after we recover compensation for your insurance claim. Most of the time we get paid separately from the insurance company.

Can my Public Adjuster PA negotiate for me?

Yes. However, lawyers are trained in negotiation and have the ability to prove your case in court. If a negotiation fails with your PA you need to hire a lawyer anyway. You can save time and money by hiring a lawyer directly.

Attorney or PA?

Most attorneys get paid pursuant to Florida Statutes on homeowners claims. The fees get paid by the insurance company if you win. Most lawyers won’t cut into your benefits like a PA does. A Typical PA contract charges 10% after a hurricane or 20% of a regular claim. That is 10-20% less money in your pocket. A lawyer may be a less expensive option.


Julian Rudolph
Brett is an excellent personal injury attorney. He and his staff are courteous, professional, and achieve excellent results for their clients.
Steven Poitevien
Love this firm!! Brett and his team I am so glad I was recommended to your law firm. thank you
Yaneliz Santiago
I’m glad I was recommended to your law firm. Very professional, nice, and trustworthy! I know where to go whenever I need help. Thank you Brett and the team!