Denied or Underpaid? How Property Damage Lawyers Can Help

Never forget, insurance carriers are businesses first and foremost. Their goal is often to minimize their financial exposure, which can result in low-ball offers, delayed payments, or outright denials of valid claims. This is where we step in. At Lenahan & Dempsey, we have spent over 75 years fighting for the rights of the injured and the wronged. While we are widely known for our work in personal injury, our experience extends to holding negligent parties and stubborn insurance carriers accountable for the damages to your property as well.

Navigating a complex property loss without legal counsel can leave you significantly undercompensated. Understanding how property damage lawyers can influence the outcome of your claim is the first step toward securing the recovery you deserve.

How Lawyers Level the Playing Field

The moment you file a claim, the insurance company assigns an adjuster to your case. It is crucial to remember that this adjuster works for the company, not for you. Behind that adjuster is a team of supervisors, professionals, and defense attorneys, all working to interpret the policy in a way that benefits the insurer. Sometimes that will also benefit, particularly when they believe they can get another insurance company to pay them and you. 

For when that isn’t the case, you should hire an attorney from Lenahan & Dempsey. We provide the necessary counterweight to the insurance company’s resources. We understand the tactics used to devalue claims, and we ensure that our clients are treated with the fairness and respect they are entitled to under the law. We have recovered Hundreds and Hundreds of Millions of Dollars for our clients, and that track record forces insurance companies to take our clients’ claims seriously.

1. Policy Interpretation and Understanding

Insurance policies are dense contracts filled with legal terminology, exclusions, endorsements, and conditions. A layperson reading a policy might easily miss coverage they are entitled to or misunderstand a specific exclusion.

One of the most valuable services an attorney provides is interpreting this complex language. We analyze the fine print to determine exactly what is covered. Furthermore, we handle the communication. Allowing a lawyer to take over all contact with the insurance company prevents missteps and reduces stress. One wrong phrase said to an adjuster can be used to deny a claim; we ensure that your communication is managed professionally to protect your interests.

2. Evidence Gathering and Documentation

A successful claim requires more than just filling out a form. It requires substantial proof of the loss and its value. A simple photograph taken on a smartphone is often insufficient for significant property damage cases.

We guide our clients through a rigorous evidence-gathering process. This often involves:

• Securing comprehensive repair estimates from independent contractors, not just the vendor recommended by the insurance company.
• Obtaining professional opinions from engineers or architects if structural integrity is in question.
• Documenting the value of personal property lost in the incident.
• Preserving evidence that proves the cause of the damage is vital if liability is contested.

Building a fortress of evidence makes it much harder for an insurer to dismiss your claim.

3. Negotiation and Settlement

The first settlement offer from an insurance company is rarely their best offer. It is typically a baseline designed to see if the policyholder is desperate enough to accept quick cash.

Experienced property damage lawyers are skilled negotiators. We know the true value of a claim, including aspects you might overlook, such as “loss of use” — the cost of living elsewhere or the lost revenue while your property is being repaired. We argue for a payout that covers the entirety of your loss, ensuring you are not left paying out-of-pocket for repairs that should have been covered.

4. Fighting Bad Faith Insurance Practices

In Pennsylvania, insurance companies have a legal duty to act in good faith. When they fail to do so, they can be held liable. Bad faith practices can take many forms, including:

• Unreasonable delays in investigating or paying a claim.
• Denying a claim without a reasonable explanation.
• Offering a settlement amount that is clearly far below the actual value of the damages.
• Misrepresenting policy language to the insured.

At Lenahan & Dempsey, we have been recognized by Judges and leading law publications for our work. We do not tolerate bad-faith tactics. If an insurer is acting unethically, we take aggressive steps to hold them accountable.

5. Litigation and court representation

While many claims are resolved through negotiation, some disputes simply cannot be settled at the conference table. When an insurance company refuses to offer a fair settlement or wrongfully denies coverage, property damage lawsuits become necessary.

This is where having a trial-ready law firm matters. Some firms strictly settle cases and avoid the courtroom. We are litigators. If filing a lawsuit is the only way to enforce your rights, we are prepared to represent you in court. 

Our firm is home to seven lawyers named to Best Lawyers in America, and we have the resources and experience to present a compelling case to a jury.

6. Situations where a lawyer is essential

While a minor fender-bender or a small leak might be manageable on your own, certain situations require professional legal intervention:

1. Extensive Damage: If your home or business has been destroyed by fire, flood, or storm, the financial stakes are too high to risk going it alone.
2. Claim Denial: If your claim has been denied, do not accept it as the final word. Lawyers can often reverse these decisions by presenting new evidence or challenging the insurer’s interpretation of the policy.
3. Complex Liability: If the damage to your property was caused by a third party (such as a neighbor’s negligence or a vehicle striking your building), the legal issues become multi-layered.
4. Commercial Claims: Business interruption and commercial property damage involve complex accounting and valuation issues that require expert analysis.

Protect your investment

Your property is likely your most significant investment. When that investment is threatened, you need a legal team with a history of success. At Lenahan & Dempsey, we are dedicated to helping victims of negligence and bad faith recover what is rightfully theirs.

Do not let an insurance company dictate the terms of your recovery. If you are facing significant property damage and resistance from your insurer, contact us. We are here to help you understand your rights and fight for the proper compensation.

*Best Lawyers in America and Best Law Firms are trademarks of Woodward White. Super Lawyers and Top 100 Lawyers in Pennsylvania are trademarks of Thompson Reuters. Both trademarks are used with permission. Details on Settlements & Verdicts are found at LenahanDempsey.com. All law firms are required to note that because the facts of each case are different, past performance is not a promise of a future outcome.