If you have filed a claim with your insurance company and hired an attorney, this is likely a thought that goes through your mind. Normally this thought occurs at the beginning of the process, but it may creep up again along the way as the process continues. Terms such as “pre-suit”, “demand letter”, “litigation”, and “discovery” may be used in updates from your attorney, but what do they all mean and where do they fit in the process? There are two main phases to property damage claims/cases. Keep reading for a brief overview of the typical (note: every case is slightly different) process of a case once it comes into our office.
Phase 1: Pre-Suit (Investigation until lawsuit is filed)
When we first get a claim it is, more often than not, in the “pre-suit” phase. Simply put, pre-suit is everything that takes place before a lawsuit is filed. In other words, until our office files a Complaint (the start of a lawsuit) with the Court, your claim is the in “pre-suit” phase. The pre-suit phase starts when you contact our office. After an initial call with the attorney handling your case, they will determine what additional information is needed from either you or the insurance company and either send a Letter of Representation to the insurance company or a Demand Letter. If your claim has been opened with the insurance company for less than 90 days and a claim determination has not been made, the attorney will likely send a Letter of Representation. The Letter of Representation lets the insurance company know that our firm represents, requesting any claim related documents from the insurance company, and asking the insurance company if they need anything else from you (the insured) to assist in the insurance company’s investigation. If a coverage determination has been made or if 90 days has passed since you filed your claim, the attorney will send a Demand Letter to the insurance company. The Demand Letter puts the insurance company on notice that there is a dispute, how much you are seeking, and letting the insurance company know of your intent to file a lawsuit if they are not willing to resolve your case within the time-frame listed in the demand letter.
Phase 2: Litigation (The lawsuit has been filed)
Following the pre-suit phase, if a claim is not resolved, the next phase is typically litigation. The most common exception to this is appraisal (which is a whole separate topic covered on another blog post – go back and check it out ☺) If the insurance company does not favorably resolve the case after a pre-suit demand is sent, then our office will file a lawsuit on your behalf. Once that occurs, you are officially the Plaintiff in a lawsuit and your insurance company is the Defendant. One of the most common questions we get asked is “how long will this process take?” The answer is “it depends.” (I know. I know. Not the answer you were hoping for, but please keep reading). The Florida Supreme Court has stated that property damage cases typically take 18 months to resolve – that is 18 months from the time a lawsuit is filed (so this does not include the time that it is in pre-suit or mean 18 months from when you filed the claim) until resolution (trial, settlement, etc). During the litigation phase, several things may take place. The overarching process during litigation is called “discovery” and this is what it sounds like – both parties (Plaintiff and Defendant) are discovering what the other side plans to present if the case gets to trial. The discovery process includes interrogatories (questions), requests for production of documents, depositions, negotiations, and many phone conferences between the parties’ attorneys. The length and complexity of the discovery process largely depends on the case itself and the insurance company. The Litigation process can be frustrating for clients because there is no definite time frame. Keeping in contact with your attorney should help ease the frustration and confirm that even though you may not see a lot of movement in the case (with offers being made), things are going on behind the scenes.
At the end of the pre-suit phase, but more likely during the litigation phase, the case will resolve. How the case resolves varies, but it is normally in a settlement. Settlement means just that, settle. It is a compromise between the two parties, based on the facts of the case and the parties involved. During the litigation phase, your attorney is constantly trying to move the case towards settlement, even when they set depositions or answer interrogatories. If you ever have a question about where your case is or do not understand the process, please do not hesitate to reach out and ask. We want to help you.
Kailey Evans, Esq.
Learn More About Kailey Here!
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