As an insured in a dispute with your insurance company, you may wonder whether you should hire an attorney to file a Notice of Intent to Initiate Litigation (NOI) against your insurance company. The answer is a resounding yes, and here’s why.
In July of 2021, the Florida Legislature enacted Florida Statute §627.70152, which requires insureds to file a Notice of Intent to Initiate Litigation before filing a lawsuit against their insurance company. The NOI should include specific details relating to your claims, such as the amount of damage you have, how much money you are demanding to resolve your claim, the provisions of the insurance policy your insurance company has breached, and other information.
The insurance company then has ten days to respond to your NOI. If the insurance company accepts your demand, your claim is settled. However, if the insurance company does not accept the offer, you may decide to file a lawsuit. Many insurance companies, once in the lawsuit, raise the defense that the notice of intent to initiate Litigation was factually & legally deficient and, therefore, the case must be dismissed. A proper and statutory-compliant NOI can avoid that argument and the time delays associated with such arguments.
Filing a proper and sustaining NOI can be a complicated and nuanced process. A minor mistake or omission in your NOI could lead to your lawsuit being dismissed or delayed. This is where an experienced attorney comes in.
At Murray Law Group, we specialize in filing Notices of Intent and preparing our clients for pending Litigation. We know exactly what information is required in an NOI and how to present it in a way that forces your insurance company to either settle your claim or risk a lawsuit and potentially losing at trial.
When you retain us, we will ensure you have the appropriate estimates and documentation to support your demand. In addition, we will come up with a demand amount together so you know exactly how much money the insurance company will pay you if they accept your demand.
Another important factor to consider when deciding whether to hire an attorney for your NOI is the payment of legal fees. A demand for payment of attorney fees and costs will be included in the NOI filed. When we determine the NOI demand, we will review what amount you will receive should the insurance company accept your demand. That way, you know how much money you will have from the settlement before we even make an offer.
If you are a Florida resident and considering filing a Notice of Intent to Initiate Litigation against your insurance company, it is highly recommended to hire an attorney with experience in this area of the law. The expertise and knowledge of an attorney can significantly increase your chances of success and ensure that you receive the compensation you deserve. Contact Murray Law Group today to schedule a consultation and learn more about how we can assist you with your NOI.