Mrs. López and all of the Staff that had helped us it has been an absolute pleasure. They always had an answer to our questions and treated us with respect but most of all they listened.
Alondra O.
Outstanding Attorneys and Legal Team. Lopez, Justin, and Daisy were quick to answer my questions and handled my accident case with speed and courtesy. The outcome was much better than I anticipated.
Robert R.
A huge thanks to your office for such a great experience with my case. Special thanks to Denora, Carmen, and especially Kevin for answering my many calls and questions and keeping me informed through the entire process. I’m am extremely happy and grateful with the outcome.
Kathy W.
Introduction
Hurricanes are among the most destructive natural disasters in Florida, causing widespread property damage, personal injury, and financial hardship for residents. With each hurricane season, Floridians prepare for high winds, storm surge, and flying projectiles that can lead to injury. If you’re injured during a hurricane, you may wonder, “Can you sue for injuries sustained during a Florida hurricane?“
The short answer is yes — in certain circumstances, you can file claims for damages. Whether it’s a business owner who failed to secure hazardous materials or a property owner who neglected a dead tree that fell on you, several parties could be held responsible for injuries caused by hurricane conditions. Filing an insurance claim is also a viable option, but dealing with an insurance company and its insurance adjuster can be challenging without legal support.
If you’ve been injured in a hurricane, Lopez & Humphries, P.A. can help you pursue compensation and protect your legal rights. Our law firm provides support for injury victims who face mounting medical expenses, lost work, and emotional distress.
Can You Sue for Injuries Sustained During a Florida Hurricane?
Yes, you can sue for injuries sustained during a hurricane if another party’s person’s negligence contributed to your injury. While hurricanes are classified as natural disasters, people and businesses have certain obligations to ensure the safety of others during hurricane conditions.
For example, if a property owner knows they have a dead tree on their property and fails to remove it, and that tree falls and injures you during a hurricane, the property owner can be held liable for your injuries. Similarly, if a business owner fails to secure outdoor furniture or signage, and it becomes a flying projectile that injures you, they may also be liable.
Who Can Be Held Responsible for Hurricane-Related Injuries?
Under Florida law, several parties may be held responsible for hurricane-related injuries:
1. Property Owners
A property owner has a duty to keep their premises safe, even during a hurricane. This includes ensuring that potential hazards such as downed power lines, loose debris, or weak trees are addressed before a storm. Failing to do so could result in a personal injury claim.
2. Business Owners
If you are injured on business property, you may have a claim against the business owner if they failed to protect against hurricane damage. For example, a failure to secure heavy equipment or signage can result in a flying projectile that injures a customer.
3. Local Authorities
Local authorities are responsible for maintaining public spaces. If downed power lines are not cleared in a timely manner, causing injury to an injured person, the local government may be found responsible.
4. Insurance Companies
If you’re pursuing an insurance claim under a homeowner’s insurance or business property policy, you may encounter delays or claim denials. Insurers may try to reduce payouts or allege that further damage was inevitable. In such cases, the insurance company may be acting in bad faith, giving you the right to pursue legal action.
What Types of Claims Can Be Filed After a Hurricane Injury?
If you are injured during a hurricane, you may be eligible for the following claims:
1. Personal Injury Claims
If your injury was caused by the person’s negligence of a property owner or business owner, you can file a personal injury lawsuit to recover damages for your medical expenses, lost income, and pain and suffering.
2. Property Damage Claims
Property damage claims can cover rental property damage, business property damage, and personal property damage. For example, if you were staying at a rental property and the landlord failed to secure windows, leading to water intrusion and loss of your belongings, you may file a claim against them.
3. Insurance Claims
Most people rely on their homeowners insurance policy or other insurance policy to cover hurricane-related property damage and injuries. You should notify your insurance company immediately after the incident and file a claim. If the insurance adjuster undervalues or denies your claim, you can challenge the insurer for acting in bad faith.
How to File a Claim After a Hurricane Injury
Filing insurance claims and personal injury claims can be overwhelming, but here’s a step-by-step process to follow:
- Gather Evidence – Take photos and videos of your injuries, property damage, and any unsafe conditions that contributed to your injury. This evidence will support your claim.
- Report the Incident – Notify the property owner, business owner, or local authorities about the injury. If you are filing an insurance claim, report it to your insurance company immediately.
- File a Claim – Work with an attorney to ensure you meet the insurance company’s deadlines. If the insurance adjuster denies or undervalues your claim, legal action may be necessary.
What Compensation Can You Receive?
If you successfully file a hurricane damage claim or personal injury lawsuit, you may be entitled to the following types of compensation:
- Medical Expenses – To cover emergency care, surgeries, and long-term treatment.
- Lost Wages – If you missed work due to your injury, you may receive compensation for the income you lost.
- Pain and Suffering – Severe injuries often result in emotional trauma and physical suffering, which are compensable.
- Personal Property Damage – If your belongings were damaged, you can file a claim for reimbursement.
- Rental Property Damage – If you were renting property at the time of the hurricane and the owner’s negligence contributed to the damage, you may be able to file a claim.
Why You Need a Lawyer After a Hurricane Injury
When dealing with insurance companies, it’s important to have an experienced lawyer on your side. Insurers often attempt to reduce payments or deny valid claims. The attorneys at Lopez & Humphries, P.A. will work to ensure you are adequately compensated. Our legal team can:
- Assist you in gathering evidence to support your case.
- File claims and appeal insurance denials.
- Hold property owners, business owners, and local authorities accountable for negligence.
Learn more about Can You Sue for Injuries Sustained During a Florida Hurricane? Call Lopez & Humphries, P.A. at (863) 709-8500 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.
Frequently Asked Questions (FAQs)
1. Can I sue a property owner if a tree falls on me during a hurricane?
Yes, if the property owner knew about a dead tree and failed to remove it before the storm, you may be able to file a personal injury claim.
2. How do I file a hurricane damage claim for property damage?
Contact your insurance company immediately and provide evidence of the property damage. If your claim is denied, a lawyer can help you dispute the denial.
3. Can I get compensation for injuries caused by downed power lines?
Yes, if local authorities or a utility company failed to remove downed power lines in a timely manner, they may be held liable for resulting injuries.
4. What do I do if my insurance company denies my claim?
If your insurance company denies your claim, you can challenge their decision by appealing it or filing a bad faith claim against the insurer.
5. Can I file a claim for rental property damage during a hurricane?
Yes, if you are a tenant and your personal property was damaged due to poor upkeep of the property, you can seek compensation.
If you have more questions about hurricane injury claims, contact Lopez & Humphries, P.A. today. Our team is ready to help you pursue the compensation you deserve.
