The short answer
A public adjuster represents you through the carrier's claim-handling process: documenting damage, preparing the Xactimate estimate, negotiating scope and pricing. An attorney represents you in a coverage dispute, a bad-faith lawsuit, or any matter where litigation is the path. Most Florida claims start with a public adjuster. A subset escalate to an attorney.
What public adjusters do
Florida Statute 626.854 licenses public adjusters to negotiate property insurance claims on behalf of policyholders. They:
- Review the policy and identify applicable coverages
- Inspect the property and document the full scope
- Prepare Xactimate estimates with Florida-current pricing
- Submit the claim and manage carrier correspondence
- Negotiate scope and pricing line-by-line
- File supplemental claims within the 18-month window
- Represent clients in DFS mediation and appraisal
- File Civil Remedy Notices when carrier conduct warrants
Fees are contingency-based and capped by Florida Statute 626.854, with a reduced cap for declared-emergency claims during the first year after the declaration. No up-front cost. No recovery, no fee.
What attorneys do (that PAs can't)
- File first-party insurance lawsuits
- Argue coverage questions before a judge
- Prosecute bad-faith claims under Fla. Stat. 624.155
- Take depositions and handle discovery
- Appear in court and conduct trials
- Negotiate settlements under threat of litigation
Attorneys typically work on contingency for first-party insurance cases.
When a public adjuster is the right fit
- Claim hasn't been filed yet or is early in the process
- Carrier has offered less than the documented scope supports
- Scope or pricing is disputed but coverage isn't
- You need to file a supplemental claim
- Appraisal has been invoked and you need panel representation
- You want to avoid litigation if possible
When an attorney is the right fit
- Carrier has denied coverage entirely on contested grounds
- Carrier has missed multiple statutory deadlines (627.70131)
- You suspect bad-faith claim handling
- Claim is already in litigation
- Damages exceed what the first-party claim can cover
When you need both
Large, complex claims often involve both. The public adjuster drives the claim file, documents scope, invokes statute, and pushes for resolution through normal channels. If the carrier refuses to pay fairly, the attorney picks up the bad-faith and litigation track while the PA continues to support claim-scope documentation as an expert.
How Ocean Point works with counsel
Ocean Point regularly coordinates with Florida first-party insurance attorneys. When a case genuinely requires litigation, we introduce clients to qualified counsel and continue to support the claim-scope work as experts. The PA contract and attorney fee structures don't overlap: each professional earns the fee for their specific role.