Damage Claims

Civil litigation and damage claims are the legal process by which individuals, businesses, or organizations seek financial compensation or other remedies through the civil court system when they have been harmed by the wrongful acts, negligence, or breach of contract of another party. Stewart Valencia P.A. is a Fort Lauderdale civil litigation law firm representing clients throughout Broward, Miami-Dade, Monroe, and Palm Beach counties. Attorney Stewart Valencia holds the AV Preeminent rating from Martindale-Hubbell, has practiced law since 1998, and has tried more than 100 cases to verdict before judges and juries. If you have a dispute requiring civil court action, call (954) 924-0200 for a consultation.

Dedicated Fort Lauderdale, FL - Hurricane & Windstorm Damage Claims

After a hurricane strikes your home, you may rely on your insurance company to help you rebuild. A hurricane can cause thousands of dollars of damage to your property, and you will need that money as soon as you can so that you can pay for the necessary repairs to bring your home back to pre-hurricane status. If the insurance company is being unfair, unethical, or only offering a small amount of money, talk to an experienced South Florida hurricane insurance attorney.

Your Claim

You should contact your insurance carrier as soon as possible after a hurricane to report damage to your home. Because your insurance carrier may require evidence or additional documentation to file your claim, you should document the damage to your home and property, using photo and video footage to show the extent of the damage. Although we never really know the path of a storm, if possible, since we are given days’ notice now, you should take photos and video of your home before the storm. Your insurance policy may also require mitigation of further damage by taking reasonable steps like putting up a tarp to prevent further water intrusion.

Make sure you understand the insurance claim process and coverage before you begin undertaking any repairs. If repairs are made without evidence and documentation, the insurance carrier may not reimburse your claim for the full amount of the damage. Other homeowners move forward with making repairs based on an assumption that the check is in the mail and are unable to later pay for construction costs when they get less than expected.

Unfortunately, property owners often encounter problems with filing a claim for their home, such as when the insurance carrier initially denies coverage or does not return the client’s calls. An experienced hurricane insurance attorney understands the insurance carrier’s obligations to pay for a covered loss and will help you file your Florida hurricane claim.

Negotiating with your Insurance Carrier

Property insurance generally covers windstorm damage from tropical storms and hurricanes. However, not all properties are covered by flood insurance. Many homes damaged in a hurricane suffer a combination of flood and windstorm damage. After filing a home hurricane damage claim, the insurance carrier may try and assign some damage to flooding and other damage to hurricane winds, often to mitigate, or pay out less.

For example, if your home is flooded after a hurricane, the insurance carrier may say the water is flood damage and not covered by a policy without flood insurance. However, the water could have entered the house because of the hurricane, such as wind damage to the side of the house that let storm water inside, or rain through a hole in the roof.

Unfortunately, most homeowners are tired of waiting for their claim check and sick of fighting with their insurance carrier, so they’ll take the first low ball offer. The insurance carrier may rely on this effective and proven strategy of offering quick settlements that cover a fraction of the total damage, hoping you will take the money and release the claim.

We file the appropriate claims and where necessary, also file a lawsuit against insurance carriers to protect the legal rights and interests of our property and homeowner clients. The Law Firm handles these cases on a contingency fee basis pre-litigation, and then files for attorney’s fees if litigation is initiated, and a settlement achieved. If there is no recovery, we do not recover our costs, or any fees.

Before you sign anything that gives up your right to sue, make sure you understand what you are signing. Talk to an experienced hurricane insurance attorney who can advise you of your rights and your legal options. Your lawyer can negotiate with the insurance carrier to get your damage claim paid without ever having to go to court. You deserve to have an experienced hurricane insurance claim advocate on your side.

Frequently Asked Questions About Civil Litigation and Damage Claims

What is civil litigation?

Civil litigation is the process of resolving disputes between parties through the court system rather than through criminal prosecution. It covers a wide range of disputes—including breach of contract, property disputes, business disagreements, fraud, and negligence claims—where the goal is monetary compensation or a court order rather than criminal penalties.

What types of civil litigation and damage claims does Stewart Valencia P.A. handle?

Stewart Valencia P.A. handles a broad range of civil litigation matters in South Florida, including breach of contract disputes, business and commercial litigation, fraud and misrepresentation claims, property damage claims, negligence claims, and disputes involving professional liability. Attorney Valencia brings over 28 years of trial experience to each case.

What are compensatory damages in a civil lawsuit?

Compensatory damages are court-awarded monetary amounts intended to make the injured party "whole" after a loss. They include actual damages (out-of-pocket losses such as medical bills, property damage, or lost income) and general damages (non-economic losses such as pain and suffering, emotional distress, or loss of enjoyment of life). Florida courts may also award punitive damages in cases of intentional misconduct or gross negligence.

How long do I have to file a civil lawsuit in Florida?

Florida statutes of limitations vary by claim type. Contract disputes typically must be filed within 5 years (written contracts) or 4 years (oral contracts). Fraud claims generally have a 4-year limit. Negligence claims typically have a 2-year limit (modified in 2023). Missing the deadline bars your claim entirely—contact an attorney as soon as possible to protect your rights.

Do I need an attorney for a civil damage claim in Florida?

While Florida allows individuals to represent themselves in civil court (pro se), civil litigation is procedurally complex—involving discovery, motions, depositions, and evidentiary rules. An experienced civil litigation attorney levels the playing field, particularly when the opposing party has legal representation. Attorney Stewart Valencia has tried over 100 cases to verdict and understands how South Florida courts operate.

What courts handle civil litigation cases in Broward County?

Civil cases in Broward County are heard in the Broward County Circuit Court and the Broward County Court (for smaller claims), both located at the Broward County Courthouse at 201 SE 6th Street, Fort Lauderdale—directly across from our office. Stewart Valencia P.A. also appears in Miami-Dade, Palm Beach, and Monroe county courts, as well as the U.S. District Court for the Southern District of Florida.

Why choose Stewart Valencia P.A. for civil litigation?

Attorney Stewart Valencia brings over 28 years of Florida litigation experience, an AV Preeminent peer-review rating (the highest given by Martindale-Hubbell), and a track record of more than 100 trials taken to verdict. He is fluent in English and Spanish, and his office is located in Fort Lauderdale at 612 SE 5th Avenue, Suite 3. Call (954) 924-0200 for a consultation.