LEGAL CORNER by Steve Walden, Attorney at Law
Hurricanes Helene and Milton are now behind us and we are in the midst of picking up the pieces of our lives. I had planned to write on other legal issues but believe a review of your legal affairs after a catastrophe is timelier. The following are things to do or consider now that the storms are over. All of us have lost something – homes, cars, personal items, and for some, loss of a loved one. Allow yourself to grieve. Grieving is a natural response to loss, whether it’s emotional, financial, or personal. Surround yourself with supportive friends, family, or professional counselors who can help you process your emotions.
Ensure you have timely submitted your claims for loss. Your claims for damage and loss due to flooding must be submitted within 60 days after the storm. Be sure to distinguish what was damaged or lost for each of the two storms. If you have flood insurance, you will want to be mindful of the separate limits of insurance and deductible for the two different hurricanes. If you have damage to your property that was not due to flooding alone, you may need to file a claim under your homeowners insurance policy as well. To support your claims, you will need to provide proof such as photographs of the item (focusing on any serial or model numbers), receipts, or videos. Create an inventory list of the damaged or lost items, including the approximate age of the item and its market value. Also, keep records and ask for invoices for any purchases or repairs due to loss or damage from the storms.
Ask for financial assistance or deferments from your creditors, mortgage lender, and banking institutions. Many banks and lenders are offering deferments on payments toward outstanding debt. If you are struggling to meet your financial obligations due to losses caused by the storm, call your credit card company, mortgage company, and other lenders to see what they can offer to allow you to defer payments while protecting your credit score.
Seek advice for any personal injuries. While some damage from a hurricane is considered force majure, or act of God, some damages or injuries may be due to another person’s
negligence. Examples could include faulty construction, negligent repairs, failure to properly secure personal property, and of course, reckless driving. Speak with an attorney if you believe you have loss, destruction, or injuries that could have been avoided with reasonable precautions.
Protect yourself from predators. Sadly, there are some who will take advantage of our circumstances. You should ensure that any contractor you hire to make repairs is by your insurance. Also, check that the contractor is licensed and whether they have any Better Business Bureau complaints. Be careful also of any organization that promises to give you any money or services, contingent on your advance payment of any fees. In sum, do your research on any company or person that asks you for any payments.
Finally, it’s neither too late nor too early to plan ahead for the next catastrophe. Ensure you that you have the proper amount of insurance to cover your home for flood, windstorm, and other destructive events. If you rent, look into renter’s insurance for your personal items.
To cover damage to your car not caused by a wreck, you will want to have comprehensive coverage. If you have a will, have it reviewed to ensure it is up to date with your life circumstances. You should have your important documents copied and stored in a safe place, such as a safe deposit box at your bank. These documents may include military discharge certificates, car titles, marriage licenses, birth certificates, passports, and social security cards.
If you have questions or need assistance, seek sound legal advice. As a community, we can work together toward rebuilding your life after Helene and Milton.
Steve Walden, Attorney at Law
The Carlson Law Firm
333 3rd Ave. N, Suite 220
St. Petersburg, FL 33701
(727) 373-4655
swalden@carlsonattorneys.com