Will My Property Insurance Claim Go to the Court of Appeals?

If you have received a denied property insurance claim in Fort Lauderdale, you might be wondering what happens next. You have the right to appeal your denied claim, but how far does this process go? What happens if negotiations with your insurer fail? Is it possible to take your case all the way to the court of appeals? This is something you might want to raise with your property insurance lawyer in Fort Lauderdale.

You Need to Negotiate First 

Generally speaking, it is in everyone’s best interests to negotiate a suitable outcome before proceeding to court. With this approach, you can avoid stressful trials while getting the compensation you need to cover your losses. An experienced lawyer can help you negotiate with insurers. If all goes well, you will not need to go to court while appealing your denied claim.

Your Case Will Go to Trial Before the Appellate Stage

 Before you can take your case to the appellate court, you first need to get a decision from the trial court. This process will occur after you file a lawsuit against your insurer, which may be necessary if you can’t negotiate a fair outcome with your insurer. During the trial process, your lawyer will represent you and argue on your behalf.

What Happens at the Appellate Stage? 

You’ll only need to file an appeal if you receive a negative decision from the trial court. In the context of a denied insurance claim, this will likely involve the court siding with your insurer. If you receive a negative decision of this nature, you may have the opportunity to ask a higher court to review your case.

Your claim will only be successful if you can demonstrate that the lower court made a clear and obvious error. This is where your lawyer will play a central role in convincing the appellate court that the initial decision was wrong.

Note that even if the appellate court continues to side with your insurance company, you may still have the chance to take the case to even higher courts. Theoretically, the case could eventually go to the Supreme Court.

What Happens Next? 

If you’re wondering what might happen next as you appeal a denied claim, consider speaking with an experienced property insurance lawyer in Fort Lauderdale. These legal professionals can help you understand whether your claim might eventually reach the court of appeals. Each case is different, so online research might not provide you with the personalized guidance you need.

Contact Our Fort Lauderdale Property Insurance Lawyers Today

At Fuxa & Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. If your property insurance claim was denied, we can help. For a free consultation, please call us today at (954) 990-5251. With an office in Sunrise, we represent policyholders in Broward County and throughout the state of Florida.

Sources: 

4dca.flcourts.gov/

browardclerk.org/Divisions/Appeals