Protecting Your Rights and Assets

At Vargas Gonzalez Baldwin Delombard, we protect our client's rights and assets in property damage cases. Our team of experienced attorneys, with a proven track record of success, is here to provide you with personalized legal representation. We dedicate ourselves to securing the best possible outcome for our clients. Our firm also handles cases concerning breach of contract and bad faith by large insurance corporations against homeowners. Reach out to us today for a free consultation, and let us guide you through the legal process.

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Denials and Bad Faith Claims

In addition, even if you have property insurance and pay your premiums on time, you may find yourself holding a claim denial or one that is so low you cannot repair or rebuild. This is a breach of contract, and your attorney can file against bad faith. Some other ways an insurer can break their contract are:

  • Improper investigations or not doing one at all
  • Delaying an approved claim
  • Not paying adequately for repairs
  • Delaying a settlement payment
  • Improperly denying a claim

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Common Causes of Property Damage

There are various types of property damage, including:

Hurricanes and Tropical Storms

Some areas are no stranger to the destruction caused by hurricanes. The high winds, heavy rain, and flooding can damage structures, roofs, and landscapes. Insurance claims for wind and water damage are complicated and contentious.


Besides hurricanes, seasonal rains and storm surges can lead to widespread flooding. Insurance companies do not usually cover flood damage under standard homeowners' policies. You can add separate flood insurance policies governed by state and federal laws as an endorsement.


Some areas are prone to sinkholes, which can cause sudden and severe property damage. Insurance coverage for sinkhole damage is regulated but can be complicated, often requiring geological assessments and legal intervention.


Accidental and wildfires can consume homes and businesses, leading to total losses. Fire is a ‘covered peril’. In such instances, the home or business owner receives compensation for damages minus the deductible. Fire damage claims might seem straightforward but often involve exclusions and limits.

Mold and Water Damage

Persistent humidity and water damage from storms or plumbing issues can lead to mold. Insurance companies may limit coverage for mold damage to a low amount. In addition, they will insure it if it results from a covered peril’ such as a sudden leak or flooding. A property damage lawyer can negotiate or litigate any dispute to obtain what the property owner deserves.

Lightning Damage

This damage is also a ‘covered peril’ in most states. Lightning damage can destroy the building's structural integrity and cause a fire. Lightning is defined as "generated electricity from the atmosphere" for insurance purposes. It can include electrical damage, property damage, and injuries to home occupants.

Hail Damage

Hail causes significant damage to buildings, roofs, vehicles, and other property every year. This damage can range from minor dents and cracks to severe structural harm, leading to costly repairs and replacements. The financial burden on individuals and businesses can be substantial, making hail one of the most destructive weather phenomena annually.


Tornadoes can demolish buildings, uproot trees, and scatter debris over large areas. Homes and businesses may experience complete destruction, with roofs torn off, walls collapsed, and foundations compromised. Flying debris can also overturn, crush, or severely damage vehicles. The aftermath of a tornado can pose significant financial challenges for affected communities.

Burst Pipes

Burst pipes can cause extensive water damage to homes and businesses, leading to soaked walls, ceilings, and floors. The structural integrity of buildings can be compromised as wooden beams and drywall become saturated and weakened. Additionally, burst pipes can damage personal belongings and electronic equipment, leading to costly replacements and repairs.

Legal Considerations in Property Damage Claims

There are various legal factors associated with property damage, including the following:

  • Insurance Policies: Understanding the specifics of your insurance policy is critical. Policies vary in terms of deductibles, limits, and exclusions. Property owners should understand their policies and the process for filing a claim. If an insurer denies or underpays your claim, it's advisable to consult with a property damage lawyer. Our law firm can assist you in understanding your policy, gathering the necessary documentation, and filing a claim. Many find engaging an attorney helpful since proper filing saves time and ensures a better outcome.
  • Proof of Loss Requirement: State laws require a proof of loss statement for property damage claims. This legal document must be filed within a specific timeframe and requires detailed documentation of the damage and the amount of the loss. Failure to meet these requirements can jeopardize your claim.
  • Mitigation of Damage: Property owners must take reasonable steps to mitigate further damage after an incident. This prevention strategy might involve covering a damaged roof to prevent additional damage or turning off water to prevent flooding. Property owners can demonstrate to their insurance company that they act to protect their property and claim by taking these steps.
  • Resolution of Disputes: Disputes between insurers and policyholders over property damage claims can be complex. However, state laws provide several avenues for resolution, including mediation, arbitration, and litigation. Our experienced property damage attorneys advocate on your behalf and guide you through these processes, ensuring you understand every step and feel confident in your decisions.
  • Statute of Limitations: Knowing the time limit for filing a claim or lawsuit related to property damage is essential. The statute of limitations can vary depending on the type of damage.
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Protecting Your Property and Rights

The following actions can help you protect yourself:

  • Review Your Insurance Coverage: Ensure your coverage is adequate and understand the exclusions and limitations.
  • Document Everything: Before and after a loss, take comprehensive photos and keep detailed records of all communications with your insurance company.
  • Hire Professionals: Consider hiring a professional to assess the damage and provide a repair estimate. This move can help support your claim by providing an independent, expert assessment of the damage and its cost to repair, which can be crucial in negotiations with your insurance company.
  • Seek Legal Advice: Legal assistance protects your rights and interests if you face a significant loss or a dispute with your insurance company. Consulting with a property damage lawyer, such as those at Vargas Gonzalez Baldwin Delombard, can provide you with the necessary guidance and support during this challenging time.
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Trust Vargas Gonzalez Baldwin Delombard to Fight for You

Remember, you are never alone in your fight for compensation after property damage. The Vargas Gonzalez Baldwin Delombard Law Firm is not just a legal service provider but a partner in your journey. Our team, with its vast resources and experience, is committed to advocating for you, ensuring we hear your voice and protect your rights. Contact the Vargas Gonzalez Baldwin Delombard Law Firm online today.

We offer a free case review, during which we can answer your questions and give you options for moving forward. When you retain us, we work on a contingency basis. This means you don’t pay us a fee until you win your case.

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