How Long Do You Have to Sue Over a Denied Insurance Claim?

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You filed an insurance claim and it was denied. You tried to convince the insurance company to reconsider, but your claim was still denied. If you want to fight your insurance company, the next step is to file a lawsuit over your claim.

If you want to increase the chances that you win your case over your insurance company, then you need to file your lawsuit in a timely manner. Keep reading to learn how long you have to sue over a denied insurance claim.

woman calls attorney after her insurance claim is denied in Pinellas, FL

The Cliff Notes: Key Takeaways From This Post

We laid out a guide on suing insurance companies over denied claims; however, here are the key bullet points if you are in a rush:

  • In Florida, the statute of limitation for filing a lawsuit against an insurance company is five years from the date of loss.
  • If the insurance claim process is going nowhere, filing a lawsuit may help resolve the issue.
  • The sooner the lawsuit is filed, the better; witnesses’ memories will remain fresh and help strengthen the case.
  • Most cases settle early or through mediation, but there is potential for a trial as well.
  • Get in touch with an insurance dispute lawyer to handle your case and maximize chances of success.

Florida’s statute of limitations is typically five year

The statute of limitations for filing a lawsuit varies by state and even type of case. In Florida, the statute of limitations for a lawsuit against an insurance company for denying an insurance claim is five years. That five-year window starts on the date of lossin other words when the damage to your property occurred.

File a lawsuit if your claim is going nowhere

Insurance claims aren’t always neatly wrapped up within a few days or weeks of filing. Your insurance company may keep you on the hook for months waiting for the claim process to wrap up.

If you keep trying to move your case forward but receive pushback from your insurance provider, then it may be time to sue. Your case is going nowhere fast and a lawsuit often helps convince insurance companies to stop sitting on your claim.  

Client review from past insurance dispute case in Florida

The sooner you file a lawsuit the better

While you may not have an immediate, pressing timeline to file your lawsuit against your insurance company, you need to contact an insurance dispute lawyer to move the legal process forward as soon as possible. Litigation can take months or years. The sooner you get the process going, the better.

Additionally, filing your lawsuit sooner means the memories will be fresh in your mind and fresh in the mind of your witnessespeople who saw the damage or helped repair it. The better your and your witnesses’ memories, the stronger your case will be.

Most lawsuits don’t go to trial

If you do file a lawsuit against an insurance company, there is a possibility that you may have to go to trial at the end of the day. That would mean that you would have to appear before a judge and jury to make your case, but most cases settle before trial. Your insurance claim attorney will be putting pressure on the insurance company in the lawsuit to convince the insurance company to settle for a reasonable and fair amount. Settlements can happen at any time during a lawsuit, but we see a lot of cases settle in the early stages of litigation or through a mediation process.

If your fight with the insurance company is going nowhere, don’t wait for them to resolve the problem. Contact Herman & Wells today to discuss your insurance claims and disputes. We provide a hands-on approach to client representation and you never pay unless you win your case.