MIAMI PERSONAL INJURY LAWYER EXPLAINS ACCIDENTS CAUSED BY STRONG WINDS.
The wind, unnoticed or heard unless it blows strong, can cause things fall, and when that happens, there is a chance someone may get hurt. When objects take to the air, they will fall somewhere. Strong winds are a major cause of accidents and injuries, and the staff at the Perazzo Law Firm, would like to shed light on some of the ways that strong winds can lead to accidents and injuries to Florida residents regardless of being inside or outdoors.
There are times when objects, especially those that hang or are bound to a fixture on a ceiling or wall, will become unfastened and find their way to the ground. In one such example, a large painting with a wooden frame was hanging on a wall fit with only a string hooked to a nail. When a storm approached and strong winds made their way through an open window, the painting became unfastened and fell to the ground, but not before falling on the head of a person having a cup of coffee. The wind accident victim in this case, suffered cuts and bruises and had to be treated at a hospital. The owner of the business was found liable for the injuries in a premises liability accident claim. According to the accident victim’s personal injury lawyer, the business operator should have taken the necessary safety precautions by making sure the painting was firmly bound to the wall and that a strong wind would not be enough for it to fall.
Some of the objects that cause injury due to being loose or becoming unfixed from strong winds:
- Dry branches
- Glass from cracked windows
- Light fixtures
- Paintings or posters (framed)
- Plants in pots
- Shelves (and anything on them)
The objects mentioned can easily fall when strong winds cause when strong winds force them to move in ways that are not common. All of the above mentioned may have sharp edges that can easily lead to cuts or lacerations, and even internal injuries from sharp blows to the head. In the event of an accident caused by strong winds, the business operator may be held liable for not taking measures to make sure objects do not com unfastened due to high winds or violent movement. This may not necessarily include earthquakes, however, as natural disasters can not be attributed to a business operator. Strong winds can also cause light fixtures to come undone and perhaps stop from providing any necessary lighting to areas such as steps and staircases. Adequate lighting on these areas is fundamental for preventing slip and fall accidents. Business operators must make sure they provide adequate lighting to areas such as steps and staircases, especially at bars, restaurants, and nightclubs, where the chances of there being a slippery substance on the walking surface are very common.
Other objects than can take to the air because of strong winds can include any of the following:
- Chairs – lightweight patio or balcony chairs are very prone to being lifted off the ground by high winds. When placed on balconies or other overhead spaces, they can easily cause severe personal injury to a passersby.
- Tables – just like lightweight chairs, tables can easily blow away, causing much greater injury to those in the vicinity
- Umbrellas – not only on the beach are umbrellas capable of being lifted into the air or blown away by high winds. When flying off balconies or elevated spaces, the can cause severe injury to those below.
- Tableware – many times, salt and pepper shakers, and ashtrays are left on tables by restaurant staff. Though not as easy to lift by strong winds because of their dimensions, they can find their way off balconies and fall on someone’s head.
- Mats and rugs – mats and rugs that take to the air may not necessarily cause direct personal injury, but they can play a huge part if they fly off a balcony and land on a motorist’s windshield and lead to an accident.
What to do if struck by a falling object in a commercial establishment:
- Contact the business operator or manager and report the accident
- Check for injuries
- Photograph the injuries
- Photograph or document the area in which the accident happened
- Gather eyewitness testimony and get their contact information
- Seek medical attention a healthcare facility and keep all medical records
- Contact a personal injury lawyer at the Perazzo Law Firm in Miami
If you have been injured at a business establishment, you are protected by premises liability laws, which aim to guarantee the safety and well-being of their customers and employees. Contact the Miami personal injury lawyers at the Perazzo Law Firm for a FREE initial consultation and ZERO OUT-OF-POCKET FEES to personal injury clients.
A QUICK LOOK A PROPERTY INSURANCE
Does your insurance provider cover damages to your home after a hurricane or other natural disaster? At present, they do, but perhaps not in the future. That said, what’s the point of having your house insured? Well, this is a matter that’s under the radar to most Florida homeowners, that’s why the Perazzo Law Firm suggests reading the article below for insight on the changes on the Florida homeowner’s horizon.
- Do you know if your home owner’s insurance cover the costs of repairs if your roof is damaged in a storm?
- Do you know if your car insurance will cover the repairs if a tree falls on your vehicle?
- If your basement floods, can you depend on your insurance provider to help you find an affordable solution?
- What happens when you inform your insurance provider about damages to your home?
- Do you need a property damage and insurance claims lawyer after damages to your home?
- In Miami, the Perazzo Law Firm responds.
TYPES OF PROPERTY DAMAGE
Businesses or people that suffer looting or vandalism can find it challenging to face insurance claims for damages and losses. Those that own a vehicle, home, or other property, may carry insurance to help face the costs brought on by vandalism, looting, natural disasters, or other situations which may result in property damage. Hurricane season, for example, spans several months, from June to November. But what happens after a hurricane has left you with damages and losses? Firstly, you will need to contact a public adjuster as soon as possible and let them know. How long before your insurance provider compensates you for the cost of repairing damaged property, replace damaged goods, or treat any injuries incurred by a hurricane depends on the help of an experienced property damage attorney in Miami.
STEPS TO TAKE AFTER HURRICANE DAMAGE
In Miami, the Perazzo Law Firm provides best advice following a hurricane that causes property damage and losses.
- Check for bodily harm of present
- Stay inside until the police notify that it is safe to go outdoors
- Do not approach fallen power cables
- If you smell gas, report the incident, and find shelter
- Avoid making any repairs unless your safety is at stake
- Do go on the roof of your house
- Document the damages via images or video footage
- Contact a public adjuster to handle your insurance claim
- Hire a insurance claim attorney to litigate any disputes between the public adjuster and the insurance provider
WHO COVERS YOUR HOME REPAIRS AFTER A NATURAL DISASTER WHEN YOU HAVE PROPERTY DAMAGE INSURANCE? IN MIAMI, THE PERAZZO LAW FIRM
An insurance provider is supposed to pay compensation to their clients in when a hurricane or other natural disaster causes property damage. However, insurance providers may often reject the victim’s claim. In Miami, the Perazzo Law Firm recommends getting the assistance of a public adjuster to help maximize the property damage claim and prevent the insurance company’s adjuster from paying below the real value. For added protection, an insurance claims lawyer will further guarantee that their client gets fair compensation. Furthermore, your property damage or personal injury lawyer will handle pre-suit claims, civil remedy notices, litigate in a court of law, and many more legal formalities which may overwhelm the victims of property damage from a hurricane or other natural disaster.
A store or shop that suffers one or more of the damages listed above, may not be able to carry out any immediate repairs without taking out a loan or may have to close-down. Fortunately, most businesses have property damage insurance, and an experienced lawyer can help you get your business back on track.
HURRICAN DAMAGE AND PROPERTY DAMAGE INSURANCE CLAIMS LAWYER IN MIAMI
THE PERAZZO LAW FIRM SHARES VALUABLE INSIGHT FOR DEALING WITH INSURANCE CLAIMS FOR PROPERTY DAMAGE AND LOSSES FOLLOWING A HURRICANE IN MIAMI
Has your property been damaged in a hurricane? If so, your insurance provider will send over one of their adjusters to evaluate and assess the damages to your property and decide on a settlement they consider fair to cover your property damage and economic losses. Sadly, your insurance provider’s adjuster may offer to settle for a value that is anywhere from 300-1000% lower than the real cost of repairs, replacement, and labor. Furthermore, an adjuster carriers may overlook any possible future consequences from the initial hurricane damage. In Miami, the Perazzo Law Firm advises victims of hurricane damages to contact a trusted public adjuster before signing anything or receiving any sort of settlement from an insurance provider. An experienced public adjuster will help make sure the hurricane damage victim receives a prosper assessment from the insurance provider’s adjuster. However, insurance provider may sometimes refuse to settle the public adjuster’s claims value may not be met. In the event a settlement cannot be reached, an insurance lawyer will be needed to represent the claimant to fight for a settlement that best favors their client and not the insurance provider. Thus, an experienced property damage and insurance claims lawyer is essential following a natural disaster that causes damage to your property and creates unforeseen catastrophic economic losses.
WHAT A PUBLIC ADJUSTER WILL DO FOR THE HURRICANE DAMAGE VICTIM
The Perazzo Law Firm informs hurricane damage victims that a trusted and experienced public adjuster will strive to maximize your recovery and assess your damages from the beginning to the end of the claim. Furthermore, an adjuster will handle the process of dealing with the insurance provider to guarantee a fair recovery. Thus, it is vital to have an expert evaluate the extent of any damages. A leaky roof may lead to unexpected swelling of wooden floors, which could lead to having the floorboards ripped up, which could mean new paint on the walls. Suddenly, a leaky roof can end up costing $50,000, with the insurance provider offering you a settlement of $5000 to fix the leak. That is why the Perazzo Law Firm recommends consulting a professional before signing a proof of loss and releasing the right to claim for an agreed amount. Public adjusters know how to evaluate damages and put a value on things that an insurance provider adjuster may overlook in order to offer a lower settlement. Thus, it is wise to contact an Insurance Claim attorney for litigation to obtain the amount duly attributable to hurricane damage victims. Insurance providers have 90 days to settle or reject a property damage claim. If in doubt of who to call after hurricane damages or economic losses, contact the Perazzo Law Firm ONLINE or CALL (786) LAWS-411 in Miami-Dade.
WHAT AN INSURANCE CLAIMS ATTORNEY WILL DO FOR THE HURRICANE DAMAGE VICTIM
A professional and experienced insurance claim lawyer will represent you after an adjuster has filed a damage claim to the insurance carrier. In almost all cases, the insurance carrier will have one of their damage adjusters determine what the claim is worth by considering the visible extent of the damages. However, the insurance carrier’s adjuster will offer a settlement that is far less than the actual value of damages and losses. By way of a public adjuster hired by the claimant, the recovery value will be negotiated and many times, a settlement cannot be reached. When this occurs, an insurance claim attorney will step-in and fight for a settlement that favors their client, in this case, the hurricane damage victim. The insurance claim lawyer will litigate in favor of their client and try to settle the claim out of court. If necessary, the insurance claim attorney will take the case to court and in the event that the insurance claims attorney wins the legal battle, the insurance provider will be liable for all court and legal fees owed as a result of the property damage claim. In Miami, the Perazzo Law Firm fights aggressively to make sure insurance providers and their adjusters do not take advantage of property damage victims and strive for their client’s full satisfaction.
What To Do If Your Insurance Company Denies Your Homeowner’s Claim
Florida attracts people from all over the world with its endless beaches and year-round tropical weather. Unfortunately, an overabundance of water in our state can have a destructive effect. Floridians know far too well the destructive power of water, whether it is through floods, tropical rains, or hurricanes. Our homes are under a constant threat of damage from water. To mitigate the risk of damage, property owners purchase insurance policies that are meant to mitigate the risk of a loss caused by water.
Unfortunately, the insurance policies we purchase tend to be very lengthy and complicated documents intended to be confusing to the policy holder. Seeking funds to repair your home after a loss from the insurance company is far more complicated than simply making a claim. The insurance policy requires certain steps to be taken to make a valid claim. The instructions a policy holder has to follow in order to make a claim are known as post loss obligations.
One of the post loss obligations requires the mitigation of damages. That is, if your home suffers damage, it is your duty, not the insurance companies, to prevent the damage from spreading and becoming worse. If the loss involves a plumbing leak, you are likely to be required to conduct repairs and cleanup of the water at your own expense. You should cut off the water supply, contact a plumber to conduct any necessary emergency repairs, if any are needed and even retain the services of a water mitigation company to collect excess water if you are unable to do so yourself.
Mitigating damages will likely require out of pocket expense. It is important to remember that in any claim for damages your ability to prove your losses may affect the compensation you recover. Keeping a written record of any expenses incurred will strengthen your claim and may help in resolving your claim sooner rather than later.
Despite following all the post loss obligations described in your policy, the insurance company may still deny your claim and offer compensation far lower than needed to repair your home and return it to the condition it was before the plumbing loss. If the insurance company wrongfully underpays or denies your claim, then it may be in breach of your insurance contract. Keeping a close record of the damages and any expenses incurred as a result will aid in your lawsuit against the insurance company.
At The Perazzo Law Firm, we pride ourselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the insurance industry. Our Florida lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking to repair your home, you can rest assured our lawyers will be there for you.
If you or a loved one has suffered an injury, we encourage you to call us at 786 LAWS-411 (786-529-7411) to set up a FREE consultation to discuss your legal rights.
PROPERTY INSURANCE NEWS
FLORIDA INSURANCE REFORM IN PROGRESS – DESANTIS SIGNS BILL 76
The Personal Insurance Federation of Florida (PIFF) is among several happy Florida businesses that welcome this most recent step towards insurance reform by Governor DeSantis, as he received thanks after signing an allegedly beneficial bill that will muffle property insurance rate hikes, as well as curb the high costs of insurance litigation procedures.
According to business owners, Senate Bill 76 is a huge step for several reasons. One of them is eliminating the “attorney-fee multiplier”, which allegedly increases the costs of settlement with homeowners and permitted insurance providers to lower repair costs based on several factors. For example, if your roof is damaged in a storm and it is old, the insurance adjuster will lower the value of your claim.
Some business owners believe that bad actors have been taking advantage of Florida property owners for a long time, and this is something that has jeopardized the insurance industry. Business owners also believe that that Bill 76 will allow for more progress towards the measures needed to lower the costs of lawsuit that deal with property damage and lead to increased insurance rates. These measures and others apparently will not suffice to keep insurance rates from rising according to the Florida Consumer Protection Coalition, who seem to favor the insurance business. Since over a year, property insurance providers in Florida have been favoring double-digit increases on insurance premiums in a desperate attempt to earn more money based on their perception that excessive legal fees, fraud, and hurricane damage are to blame for rising costs.
WHAT SENATE BILL 76 DOES:
- Prohibits building contractors from trying to use ads that mislead homeowners through potential insurance claims
- Limits contractors from performing inspections of roof if they lead to a property damage insurance claim
- Fine as much as $10,000 from the Department of Business and Professional Regulation to those building contractors or third parties that do not abide by Bill 76.
- Make it tougher for property owners to get property damage insurance coverage from Citizens Property Insurance Corp.
If you are a home owner or business owner and are having trouble with your insurance provider, do not hesitate to contact our Miami or North Miami Beach personal injury law office ONLINE of CALL (786) LAWS-411 for a FREE initial consultation.
WHAT TO DO AFTER A HURRICANE HAS CAUSED PROPERTY DAMAGE AND LOSSES.
Hurricane season spans throughout the months of June-November; and that’s quite a long time to be worried about when disaster will strike your town, city, or state. In Miami, the Perazzo Law Firm recommends being prepared, not only before a hurricane, but also after. Heavy rains and very strong winds can produce damage to your property by way of flooding, fallen trees, downed power lines, and flying debris. These factors combined can greatly increase the chances of water entering your home, roofs to start leaking, or windows to break. When water enters your home, the chances of suffering property damage are very high. Thus, it is important to assess the potential consequences flooding can have on the bowels of your home. Water will find its way through your walls and floorboards. Thus, water in your home must be assessed by an experienced public adjuster. It is important to highlight that most injuries and accidents take place after a hurricane has passed. Thus, the Perazzo Law Firm recommends the following:
- Stay indoors until you receive official confirmation that the hurricane has passed
- Stay clear of downed power lines or objects near fallen cables or wires
- Stay clear of puddles near any downed power lines
- Report any hanging cables or phone lines immediately by contacting the authorities
- Avoid driving unless necessary and avoid driving over bridges or heavily flooded areas
- Do not attempt to make any repairs unless the repairs are necessary to safeguard well-being
- Avoid climbing onto the roof of your house as it may have been weakened by rain and wind
- Stay clear of areas where there is a strong stench of gas, gasoline, or any other chemical and notify the authorities
- Do not turn the power back on if there is flooding in your home
- Once it is safe to do so, document all damages through photographs and video footage
- In the event of injuries sustained, contact the police, and avoid driving unless necessary
- Throw away any foods left in a refrigerator for more than 10-12 hours without power
- If possible and safe to do so, gather eyewitness testimony of the damages
- Contact a trusted public adjuster to handle your property damage claim
- Contact an experienced property claims attorney to help obtain a fair settlement for damages from the insurance carrier
If you, a loved one, or friend has suffered property damage or losses as a result of a hurricane, in Miami, the Perazzo Law Firm urges you to contact us by visiting our site or calling: (786) LAWS-411 or 888-PERAZZO.
THE PERAZZO LAW FIRM – DEDICATED TO PUTTING YOUR INTERESTS FIRST, ALWAYS!
OFFICES IN MIAMI-DADE
CLIMATE CHANGE – A MAJOR CONCERN FOR MIAMI AND ALL SOUTH FLORIDA RESIDENTS –
Miami: When Hurricane Irma made its way across the Caribbean and struck the U.S. mainland in September 2017, some 6.5 million Floridians decided to evacuate to escape its destructive force. Sadly, many parts of Miami suffered extensive property damage through flooding and destruction from Irma’s recorded 112 mph winds. In total, 7.7 million Florida businesses and homes suffered power outages throughout almost 75% of the State. Hurricane Irma also left close to 85 fatalities because of drowning, life ending injuries, and inhalation of toxic fumes. In Miami-Dade, fallen trees, fencing, and flying debris caused property damage to almost 1000 homes, with storm surges leaving areas like Homestead, downtown Miami, and Miami Beach underwater. As if storm damage wasn’t enough, local businesses in the Miami Metro area experienced looting and burglaries (see civil unrest and looting lawyer).
Today, A group of engineers belonging to the U.S. Army Corps has proposed to build a six-mile long, 20-foot-high wall along the Miami coast with hopes of preventing hurricane storm surges that could once again flood many parts of Miami-Dade. This proposal is a direct result of the undeniable climate changes taking place around the world which have resulted in more devastating weather conditions threatening the lives of people everywhere. Though it may seem like a good idea to protect Miami-Dade business operators and homeowners from property damages caused by hurricanes, the storm wall proposal, which would cost an estimated $6 billion, could take up to five years to develop. Hence, Floridians need to hold onto their hats and pray that this upcoming hurricane season is a friendly one.
If your home or business has suffered damages from a hurricane or other natural disasters, you may be eligible for a property damage insurance claim lawyer to cover your losses. In Miami, contact the Perazzo Law Firm ONLINE to find out more about how your home or business is protected through your insurance provider.
The Perazzo Law Firm’s property damage insurance claims lawyers in Miami offer FREE initial consultations and ZERO OUT-OF-POCKET FEES to its clients in Miami-Dade, Broward, and Orange County.
AUTOMOBILE ACCIDENTS AND STORM DAMAGE
In Miami, driving in a severe storm or hurricane can increase the chances of being involved in a car accident as visibility and control become an obstacle for many drivers. Given all the existing dangers under normal weather, such as negligent cellphone use behind the wheel, drunk driving, and reckless driving, in Miami, drivers must take extra precaution to avoid accidents. The lawyers at the Perazzo Law Firm understand accidents on Miami streets and roadways during storms and hurricanes. That is why, in the event of an accident under bad weather, we suggest keeping calm and proceed with caution (see What to do after a car accident).
An insurance policy is written by the insurance company and, as such, can be considered a contract of adhesion. That is, a contract where one party has a negotiating advantage over the other party. Essentially, what that means is when you were not the party drafting the contract then the terms of the agreement are likely to disfavor you. In reality, most contracts we agree to have been drafted by the corporations providing services, whether it is your mobile service provided, car/property/health insurance, cable television, etc. Unfortunately, almost always we do not have any choice, it is unheard of for anyone to write their own contract terms and offer it to the corporation. Essentially, the Perazzo Law Firm understands that we are all victims to the terms of the contract prepared by the insurance industry. Given these circumstances, our lawyers only recourse is to know the terms of the contract inside and out. When it comes to making a property insurance claim for losses is not as simply as placing a phone call. The insurance company is not your friend waiting to come to your rescue whenever you need help. Corporations are profit driven entities when benefit from customers not reporting damages or from denying claims. Insurance companies can deny your claim for any reason, even reporting your claim a day late. Moreover, your claim can be denied if you failed to disclose a bankruptcy or an arrest on your application. In reality, an arrest (even without a conviction) or financial difficulties within the last decade should not have any significant bearing on your ability to obtain insurance coverage for your home. However, failing to disclose a material fact may be enough to not just deny your claim but to cancel the entire policy and leave the homeowner with very few legal options.
Florida Property Insurers to Raise Rates
A vast number of property insurance providers in Florida have submitted legal requests to allow a double-digit rate increase which could reach 47%. The predicted downgrading in the financial ratings of some companies has sparked concerns leading to this request. As the State legislature gets ready to end current sessions, lawmakers are scurrying to have the reforms litigation passed. Contingency risk multipliers, which boost lawyer fees, would be targeted through bill HB 7071, which passed the House but was stalled in the Senate. According to a report in the Insurance Journal, many insurance providers in Florida may experience reductions in their financial ratings because of the ongoing struggles by companies when dealing with claims protocols and court rulings that differ from all other jurisdictions nationwide. As Joseph Petrelli stated to the Florida Record, “I don’t see downgrades or the litigation necessarily taking companies under. But what I do see in the level of litigation and types of (court) decisions that we’ve seen in the last six or seven years in Florida is the difference between ultimately for the companies being profitable and being unprofitable. But I don’t think it’s going to tank companies.” With the current financial scenario bleak for companies and their profit margins over the coming years, downgrades may not jeopardize their overall results. According to Petrelli, property owners may see a decrease in insurance options, but doubts Florida insurers will fail, with mergers and consolidations likely. He also states that short term rate increases will be large and benefit Florida insurers by giving them an improved foothold on Florida’s complicated situation when dealing with claims. According to Petrelli, insurance providers are in good shape and will be able to pay claims brought on by property owners.
From an Attorneys POV
Some attorneys believe that it is due to the insurance companies tactics of unfairly adjusting claims which has brought about these problems. Some insurers will fail to properly evaluate and pay claims in the hopes that they can under pay and save their profits. However, in so doing, they are playing a dangerous game, much like gambling. When insurance companies do not make reasonable offers, they typically get sued. When they get sued, their costs go up drastically, and they treat it much like financing a loan. They keep their money in their coffers, however, they continue to pay their lawyers to defend their undervaluing of the claim and, when they ultimately lose, they have to pay the other side’s lawyers as well the money they owed to begin with. Insurance companies are masters at twisting the media to their side and quick to blame litigation costs, but they fail to mention that litigation typically only happens when they under pay. Lawyers are not in the business of losing and do not generally go through the trouble and expense of filing law suits which they cannot win. If the problem is to be fixed, the law needs to stop allowing insurance companies to use the court system as a financing tool. Now, insurance providers are begging congress to allow them to make everyone pay for their business tactics. Lawyers don’t want to sue as it requires lots of valuable time and money, thus they would rather get their clients the compensation they are due and move on to the next case.
Real Estate Law
In Miami, the Perazzo Law Firm specializes in legal situations involving the sale, purchase, or transfer of property. We also handle insurance claims for compensation from property damage brought about by hurricanes and other external factors. If you, a friend, or relative is getting ready to buy, sell, or transfer property, the chances of a smooth sailing and hassle-free transaction improve greatly by the support of a professional real estate lawyer.
Some of the Real Estate related situations the Perazzo Law Firm handles:
- ATTORNMENT CLAUSE
- BANKRUPTCY CLAIMS
- COLLATERAL CLAIMS
- DEED OF TRUST
- ESCROW ACCOUNTS
- ESTOPPEL CERTIFICATES
- GUARANTY AND AGREEMENTS
- INTER-CREDITOR AGREEMENTS
- JUNIOR FINANCING
- LEASES-LEASEHOLD EARNINGS-LIENS-LOANS
- MORTGAGE LOANS & BROKERS
- NON-RECOURSE & CARVE-OUTS
- PITI (PRINCIPLE – INTERESTS – TAXES – INSURANCE)
- POWER OF SALE
- RESPA (REAL ESTATE SETTLEMENT PROCEDURES ACT)
- SECURITY AGREEMENTS
- SHORT SALES
- SUBORDINATING FEES
- TITLE INSURANCE
- YIELDING FEES
- AND MORE.
If you have questions about your Real Estate, Title, or Short Sale options, please contact our Miami-Dade Law offices ONLINE or CALL (786) LAWS-411 for a FREE initial consultation.