How We Can Help

Claims can cause extensive damage to property, assets, and even disrupt business operations. An experienced attorney can be invaluable in ensuring that all losses are properly documented and valued, from structural damage and loss of inventory to business interruption and personal injuries. David Hernandez and his team are dedicated to making sure every aspect of your claim is thoroughly addressed, leaving no room for the insurance company to overlook or undervalue any part of your loss. With legal expertise on your side, you can have confidence that all damages, both property and business-related, will be covered and compensated appropriately.

To help bolster your claim after a fire, it’s crucial to follow some important steps to ensure everything is properly handled:

• Get Copies of Fire and Police Reports: Make sure to keep copies of these official reports, as they will serve as key evidence in your claim.
• Avoid Signing Documents from Unlicensed Individuals: Do not sign any documents from door-knockers or unlicensed contractors without first verifying their credentials. Be cautious of anyone pressuring you to sign on the spot.
• Do Not Sign Waivers or Releases: Be wary of signing waivers or releases that could limit your ability to seek full compensation later. Always read and understand any document before signing.
• Document the Damage: Keep thorough records of the damage, including taking photographs if possible. This documentation will help establish the extent of your losses.
• Submit All Requested Documents to the Insurance Company: Make sure to submit all required paperwork requested by your insurance company in a timely manner to avoid delays.
• Consult an Experienced Attorney as Soon as Possible: It’s important to consult with an experienced attorney who specializes in insurance claims as soon as possible to guide you through the process and protect your rights.

By following these steps, you can strengthen your claim and increase the likelihood of receiving the full compensation you're entitled to.

Water losses can be particularly tricky and often involve issues like bursting pipes, sewer backups, or overflow floods. Homeowners and business owners may not realize that their insurance policy might not cover flood-related damage, as floods are often excluded from standard policies. This can lead to unexpected complications when filing a claim.

It’s crucial to consult with an experienced attorney to understand exactly what’s covered under your policy and to ensure you are not caught off guard by exclusions. An attorney can help you navigate the complexities of water damage claims, ensure that you’re not missing critical coverage, and guide you through any necessary legal action to fight for the compensation you deserve.

Insurance bad faith occurs when an insurance company fails to fulfill its obligations to policyholders, acting in a way that is unfair, unreasonable, or dishonest. Below are some common examples of insurance bad faith: 

• Denial of Claim: The insurance company wrongfully denies a legitimate claim without proper justification or fails to provide a valid reason for the denial. This could be done to avoid paying the policyholder the amount owed under the terms of the policy. 
• Unreasonable Delay: The insurance company delays processing the claim without a valid reason, often to avoid paying out or to pressure the policyholder into accepting a lower settlement. This includes delays in communication or failing to act on the claim for extended periods. 
• Denial of Coverage: The insurer denies coverage for a loss that is clearly covered under the terms of the policy, often by misinterpreting the policy language or applying exclusions improperly. This might be done in an attempt to save the insurer money, regardless of the merits of the claim.
• Lowball Offer: The insurance company offers a settlement amount far below what is fair or reasonable, offering much less than the actual value of the claim or what is owed under the policy. This is an attempt to settle for less than what the policyholder is rightfully entitled to. 
• Late Payment: The insurance company delays payment of the claim without a valid reason, which can lead to financial hardship for the policyholder. A timely payment is a basic obligation of the insurer, and failure to meet this obligation can constitute bad faith. 
• Rescission: The insurer rescinds the policy or attempts to cancel it after a claim is made, claiming that there was a misrepresentation or error in the application process. In many cases, this is done in bad faith to avoid paying a claim that is otherwise valid. 

If you believe your insurance company has acted in bad faith, it is crucial to consult with us immidiately to evaluate your case and ensure that your rights are protected. Legal action may be necessary to hold the insurer accountable for their actions and secure the compensation you are entitled to under your policy. 

An attorney can be invaluable in helping you navigate the Appraisal Provision of your insurance policy when there is a disagreement with the insurer over the amount of the loss or the monetary value of the claim. Many people are unaware of this option, but it can be an important tool when negotiations break down. 

When you and the insurance company cannot agree on the amount of the loss, the appraisal process allows both parties to select an appraiser, and if necessary, an impartial umpire is appointed to resolve the dispute. This process can be a more efficient and fair way to handle disagreements, especially when the stakes are high. 

Having an experienced attorney on your side ensures that the process is properly handled from the beginning. They can assist in filing a petition with the court to appoint an umpire if needed, and provide guidance throughout the appraisal process. In critical situations, acting quickly is key to protecting your rights and ensuring that the full value of your claim is accurately determined. 

An Examination Under Oath (EUO) is a formal process often required by insurance companies during the claims process, where the claimant is questioned under oath about the details of their claim. While it may seem similar to a deposition, the key difference is that during an EUO, the claimant has fewer rights and less flexibility in how they can respond, making it a high-stakes procedure. 

Our office can help you properly prepare for an EUO by guiding you through the process, assisting with document preparation, and advising you on how to handle the questioning. We understand the intricacies of these proceedings and can help ensure that you are fully prepared and that your rights are protected throughout the process. 

With the help of our experienced legal team, you can feel confident that you will navigate the EUO smoothly and that your claim will be handled appropriately. It’s crucial to approach an EUO with careful preparation, as it plays a significant role in the outcome of your insurance claim. 

IMMEDIATELY!! You will likely be overwhelmed with emergency service people, contractors and public-adjusters pressuring you to sign contracts, authorizations and do all sorts of things. STOP! You are often committing to services that aren't right for you by people you don't know. 

Very rarely will you be out of pocket with our office. Your insurer will pay for damages and part of those payments are for "overhead" of the claim. We strive to stay cost-effective so our fees are honored as part of the claim.  

We recommend that you have us evaluate the claim first. A public adjuster will charge you a commission to help negotiate your claim with the insurance company, but it's important to know that an experienced attorney can assist you with the same work—without the added commission fees. While a public adjuster can help with the negotiation process, they are not legally allowed to discuss the legal aspects of your claim or provide legal advice. 

Hiring both a public adjuster and an attorney means you could end up paying for similar services twice, which is unnecessary. Our goal is to ensure you fully recover from your loss while protecting your rights and ensuring that you receive the compensation you deserve. With an experienced attorney on your side, you can handle the entire claims process—negotiation, legal advice, and even litigation—without the extra fees and complications of working with a public adjuster.