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Ocean Point Claims Company
Public adjuster vs attorney
FAQ

Public adjuster vs. attorney: which do I need?

A Florida public adjuster manages and negotiates your property insurance claim. An attorney litigates coverage disputes, files lawsuits, and handles bad-faith actions. For most property damage claims, a public adjuster is the right starting point; attorneys get involved when litigation is warranted or when coverage itself is disputed.

What a public adjuster does

  • Documents damage and prepares Xactimate estimates
  • Submits and manages claims
  • Negotiates settlements
  • Advances through appraisal, mediation, CRN
  • Coordinates with counsel when litigation is needed

What an attorney does

  • Litigates coverage disputes
  • Files breach-of-contract and bad-faith lawsuits
  • Handles depositions, discovery, trial
  • Negotiates larger settlements under threat of litigation
  • Handles post-SB 2A presuit notice requirements

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Cost comparison

  • PA fees: contingency, capped by Fla. Stat. 626.854
  • Attorney fees: contingency, typically 25-40%, or hourly

PAs are substantially less expensive. Attorneys are more expensive but bring the threat of litigation: sometimes the only thing that moves a carrier.


When you need both

Many Florida claims benefit from both. Ocean Point routinely coordinates with policyholder counsel:

  • PA handles documentation, scope, and negotiation
  • Attorney files suit when carrier refuses to pay fairly
  • Settlement or trial resolves the matter

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When you need only a PA

  • Most property damage claims where the dispute is about amount of loss, not coverage
  • Denied claims where documentation and re-estimation can reverse the denial
  • Underpaid claims where a full re-estimate closes the gap
  • Delayed claims where statutory deadlines support CRN or DFS complaint

When you need an attorney first

  • Coverage disputes (is the loss covered at all?)
  • Existing bad-faith exposure
  • Policy-rescission attempts by the carrier
  • Complex commercial litigation

Related

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License
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