Louisville friends are asking me what to do if they live in the blast area. I don’t think you need a lawyer for most cases involving property damage. This assumes your carrier is willing to cover damages and then pursue the Defendant. Properties that are highly damaged and very close are the exception. Like most things the bigger the problem the more need for a lawyer.
I would be on the lookout for lawyers trying to charge me too much for my property damage. High contingency rates on property damage cases make it difficult for the harmed person to come out even. I’d maybe pay 20% contingency on the property damage aspect of my case and that is only if my carrier was problematic. Funky language in my policy or a denial then I’d pay a higher rate to a lawyer.
I would not sign paperwork fast or be pressured by a sign-up person or intake specialist that isn’t a lawyer. You can prevent some of the issue with bad lawyers or firms by making sure the contract you sign does not allow the law firm to transfer your case to another firm. If it does, look elsewhere. I would also want the cell phone of the lawyer personally handling my case. If it isn’t provided, I would not hire them.
I would not want to be in a class or part of a class action. Lawyers get rich off those at the expense of clients. I would want my own dedicated lawyer or firm and for that firm to be handling a limited number of cases. Too many people call me saying their lawyer won’t respond. This usually happens because they get an associate lawyer who isn’t going to be at the firm more than two years. That lawyer likely doesn’t care about the reputation of the firm as much as the founding partner.
I would be vigilant about having a contractor and structural engineer out to my house for an evaluation. This would NOT be someone recommended by the insurance company. It would be someone I picked. Do not have the insurance people screw you over by sending their fix it cheap people (this applies to all cases).
If there is an issue I would submit a claim. There is a duty to report a claim within a timely manner held within insurance policies. When I did I would realize the insurance company is not my friend and wants to get out of this thing cheap and quick. Once the repair is finished I would not sign paperwork without hiring a lawyer to look it over. And I would be damn sure there was no more damage to my house that needs addressing.
On the injury portion of my claim I’d hire a lawyer immediately and get medical attention. I would again make sure it is someone local who litigates. I can think of about seven lawyers I’d trust here in Louisville. Again, the rate I paid the lawyer would not be 40% or above for pre-litigation work. I’d pay 33.3% for pre-litigation and 40% for litigation injury rates. Too many lawyers are charging 45% across the board. That harms the client in my opinion.
About me: I very rarely handle property damage claims so I am not giving legal advice. The opinion above is my position and what I’d personally look out for. For the last decade I’ve practiced cases solely against the insurance companies (mostly crash, dog bite, slip and fall) at a firm that is my own. That allows me the freedom to speak my mind about some of the practices of firms that I consider to be feeding off of my neighbors as opposed to actually helping them. I’m happy to answer any follow up questions: bdettman@dettmanlawgroup.com
