Wind and Flood Damage Insurance Claims
When powerful storms sweep through Florida, the damage to your home or property can be devastating. Between hurricane-force winds and flash flooding, it’s common for homes to suffer roof collapses, structural issues, water intrusion, and more. You turn to your homeowners insurance policy for help, only to find yourself in a frustrating battle over delays, denials, or underpayments.
At Clayton Trial Lawyers, we represent property owners whose claims have been ignored, undervalued, or wrongly denied. Whether you’re just beginning the process or need a home insurance claim attorney to step in after a denial, we’re here to fight for the compensation you deserve.
The Real Cost of Wind and Flood Damage
In Florida, severe weather is more than an occasional inconvenience, it’s an ongoing threat. Homeowners and business owners know all too well the destruction that wind and flood events can leave behind. From hurricanes and tropical storms to flash floods and wind-driven rain, these events can cause tens of thousands, or even hundreds of thousands, of dollars in property damage.
But while you may have taken all the right steps to secure insurance coverage, that doesn’t always mean your insurer will treat your claim fairly. After a major weather event, insurance companies often prioritize their bottom line, not your recovery. Many use common tactics to reduce or deny valid claims, including:
• Misclassifying wind damage as flood-related to avoid coverage under a standard homeowners policy
• Underestimating the cost of repairs and offering settlements that fall far short of the actual expenses
• Blaming pre-existing damage instead of acknowledging storm-related impact
• Denying flood claims outright if no separate flood insurance policy exists, even if water damage is widespread and severe
At Clayton Trial Lawyers, we know how to identify and confront these tactics. We don’t just react, we build comprehensive, evidence-based cases from the start. Our team works with contractors, engineers, independent adjusters, and policy experts to force insurance companies to take responsibility for the coverage they promised.
Types of Wind and Flood Damage We Handle
Wind and flood damage often occur simultaneously in Florida storms, but each type of damage must be documented, classified, and handled properly to recover full compensation. We represent both residential and commercial property owners facing losses caused by:
Hurricane and Tropical Storm Damage
These major weather events bring high-speed winds, driving rain, and flooding, often resulting in roof loss, broken windows, water intrusion, and structural compromise. Claims involving hurricanes may also trigger higher deductibles or additional policy provisions.
Wind-Driven Rain and Roof Leaks
When strong winds force rain through weak points in your home, like lifted shingles, vents, or damaged flashing, the result is often water damage to attics, ceilings, walls, and insulation. Insurance companies sometimes dispute whether this damage was due to wind or poor maintenance. We help establish causation clearly and effectively.
Flooding from Storm Surge, Overflowing Lakes, or Canals
Rising water that enters your home from outside the structure, especially during a storm surge or heavy rain event, falls under flood damage. We help clients navigate claims under flood insurance policies or determine whether overlapping wind coverage should apply.
Structural Damage to Walls, Windows, Foundations, and Roofs
Even minor cracks or breaks can lead to significant repair bills. We document structural impact using experts who can testify to the immediate and long-term consequences of the storm.
Interior Water Damage to Drywall, Flooring, and Electrical Systems
Water doesn’t just cause visible stains, it can compromise the safety of your home. We ensure claims include all components affected, from hidden moisture in walls to corroded outlets and damaged subflooring.
Mold Caused by Delayed Water Removal
When insurance companies delay inspections or payments, mold can develop, posing serious health risks and escalating repair costs. We hold insurers accountable for secondary damage caused by their inaction.
Loss of Use (Additional Living Expenses)
If your home is uninhabitable, your policy may cover temporary housing, meals, transportation, and other living expenses. We help ensure this compensation is calculated fairly and paid in full.
Each of these claim types comes with specific documentation requirements, policy language, and deadlines. Missing just one step can cost you thousands in recovery funds. That’s why we manage every detail, making sure your claim is airtight from start to finish.
What a Home Insurance Claim Attorney Does
If you’re searching for a home insurance claim attorney, it’s likely because you’re facing unexpected damage, confusing paperwork, and an insurance company that isn’t playing fair. Our role is to take control of the situation and give you peace of mind while we pursue the full compensation you’re entitled to.
Here’s what we handle for you:
Reviewing Your Policy to Determine Coverage
We examine every line of your homeowners or flood insurance policy to clarify what’s covered and what exclusions may apply. We’ll explain your rights in plain language, help you understand deductibles, and identify any limits or loopholes your insurer may try to use against you.
Documenting Damages Thoroughly
Insurance companies often downplay or misrepresent the extent of the damage. We counter this by working with licensed contractors, engineers, and certified adjusters to produce detailed, objective reports that support the full value of your claim.
Filing or Managing Your Claim
From the first notice of loss to final settlement, we handle all paperwork, correspondence, and deadlines. You don’t have to worry about navigating claim portals or responding to complex requests, we do it all for you.
Negotiating a Full and Fair Settlement
If your insurer offers less than what your repairs actually cost, or tries to delay the process, we step in to negotiate aggressively on your behalf. Our experience and expert-backed documentation give us the leverage we need to demand full payment.
Filing Lawsuits When Necessary
If your insurance company refuses to settle in good faith, we’re fully prepared to take them to court. We’ve won cases involving wrongful denials, underpayment, and delay tactics, and we won’t hesitate to fight for what you’re owed.
At every step, we protect your rights, challenge insurance company tactics, and help you rebuild your life and your property.
Dealing With a Denied Claim? Don’t Give Up.
Receiving a denial letter after storm damage can feel like the final blow, but it doesn’t have to be. At Clayton Trial Lawyers, we regularly help clients overturn denied claims and recover full compensation.
When you work with a homeowners insurance claim denial attorney, we take immediate action to:
• Review the denial letter and determine if the reasoning is valid
• Analyze your policy and identify where coverage has been wrongfully denied
• Gather new evidence or expert reports to strengthen your position
• File a formal appeal or initiate a bad faith lawsuit, if necessary
• Push for a resolution that reflects the true cost of your losses
Don’t assume the insurer’s decision is final. Most denied claims are not the end of the road, especially when legal representation is involved.
Why Choose Clayton Trial Lawyers?
When you’re dealing with wind and flood damage, your financial future, and your peace of mind, may depend on the outcome of your insurance claim. Choosing the right legal team makes all the difference.
At Clayton Trial Lawyers, we bring:
• Deep experience with storm-related damage claims: We’ve handled hundreds of wind and flood cases across Florida, including hurricane-related litigation.
• Aggressive representation and skilled negotiation: We don’t accept lowball offers or bad faith delays. We fight for what you’re owed, and we’re not afraid to go to trial to get it.
• End-to-end support: From the day you contact us until your case is resolved, we handle every detail of the process, so you don’t have to.
• No fees unless we win: Our contingency fee structure means there’s no financial risk. If we don’t recover compensation for you, you owe us nothing.
• Respect, transparency, and urgency: We treat every client with the care and urgency we’d expect if it were our own home or business on the line.
• You don’t have to face the insurance company alone. Let us be your advocates and make sure your voice is heard.
Start With a Free Case Review
Don’t wait until you’re out of time or options. If your home or business has suffered wind or flood damage, and your insurer is not responding fairly, call us today.
Let our team review your policy and help you take the next step toward getting the compensation you need to recover and rebuild.
Frequently Asked Questions
What’s the difference between wind and flood damage coverage?
Wind and flood damage may result from the same storm, but they’re treated very differently by insurance companies. Wind damage, such as damage caused by high-speed gusts, falling trees, or flying debris, is typically covered under your standard homeowners insurance policy. This includes roof damage, broken windows, and water intrusion caused by structural openings.
Flood damage, however, is usually excluded from homeowners policies. Flooding refers to rising water that enters the home from outside, such as storm surge, overflowing rivers, or heavy rainfall that pools on the ground. To be covered, you need a separate flood insurance policy, often through the National Flood Insurance Program (NFIP) or a private provider.
Our team helps homeowners understand how their wind and flood coverage works together, or where it may fall short, so they can pursue compensation from all available sources.
What should I do immediately after storm damage?
After a storm, your first priority is safety. Once the area is secure and it’s safe to return to the property, take these steps:
• Photograph and video all visible damage from multiple angles, both inside and outside the property.
• Make temporary repairs, such as tarping a roof or boarding broken windows, to prevent further damage. Keep receipts for all materials or emergency services used.
• Do not discard damaged items until they’re documented.
• Notify your insurance company as soon as possible and begin the claims process.
Contact a home insurance claim attorney to guide you from the beginning, especially if the damage is extensive or your policy is unclear. Early legal involvement can help avoid missteps and protect your right to full compensation.
Why would my insurance company deny a flood or wind claim?
Insurance companies may deny valid claims for a variety of reasons, many of which are rooted in vague policy language or flawed assessments. Common justifications include:
• Claiming the damage falls under an exclusion, such as flooding under a wind policy or vice versa.
• Alleging pre-existing damage to avoid paying for repairs.
• Asserting that the damage is cosmetic and doesn’t affect function or safety.
• Citing late notification or missed deadlines in the claims process.
• Insufficient documentation, such as lack of repair estimates or inadequate photos.
If your claim was denied, we will review the denial letter, investigate the true cause of damage, and determine whether the insurer acted in bad faith. We often uncover weak or unjustified reasons for denial, and work to get them overturned.
Can I appeal a denied homeowners insurance claim?
Yes. Denials can be appealed, but the process is complex and time-sensitive. You’ll need to respond with strong evidence, persuasive arguments, and legal knowledge of how insurance policies are interpreted.
At Clayton Trial Lawyers, we handle appeals by:
• Analyzing your policy and the insurance company’s stated reason for denial
• Gathering additional documentation, expert evaluations, or contractor reports
• Rebuilding your claim with stronger evidence and strategic legal framing
• Negotiating directly with the insurer or taking legal action if necessary
If your appeal is denied again, we are fully prepared to litigate on your behalf.
Will my policy cover mold caused by flooding or water damage?
Coverage for mold depends heavily on the specific terms of your policy. Many standard policies exclude mold unless it results directly from a covered peril, such as a burst pipe or roof damage caused by wind. However, if mold develops due to neglected or unresolved flood damage, the insurer may claim it was preventable and therefore not covered.
We carefully review your policy’s mold-related provisions and help demonstrate that any mold growth is a direct result of a covered event. This can be the difference between an insurer refusing to pay and covering costly remediation and cleanup.
How long do I have to file a wind or flood claim?
In Florida, you generally have one year from the date of loss to file a new property insurance claim and 18 months to file a supplemental claim if additional damage is discovered later. These timelines can vary depending on the type of policy, the nature of the claim, and changes to state law.
Missing a deadline, even by a few days, can result in a denied claim, no matter how legitimate your losses. That’s why we urge property owners to act quickly and consult with a qualified attorney to ensure all timeframes are met.
What if my insurance company won’t respond or keeps delaying?
Delayed responses are a common insurance tactic, especially after widespread storm damage when insurers are overwhelmed. However, Florida law requires insurers to respond to communication and resolve claims within certain timeframes. Delays beyond those limits may constitute bad faith, and you have the right to take legal action.
If your insurer is:
• Not returning your calls
• Requesting endless documentation
• Repeatedly rescheduling inspections
, our legal team can intervene. We’ll demand action, enforce your rights, and escalate the matter when necessary to keep your claim moving forward.
Do you handle both residential and commercial property claims?
Yes. Clayton Trial Lawyers represents homeowners, landlords, and commercial property owners across Florida. We understand that the needs of a homeowner differ from those of a business owner, and we tailor our legal strategies accordingly.
From private residences and rental properties to office buildings, retail centers, and multi-family housing, we provide experienced representation for all property types affected by storm-related losses.
How can I prove the damage was caused by the storm?
Proving the cause of damage is often one of the biggest challenges in insurance claims, especially when insurers try to blame pre-existing conditions, poor maintenance, or unrelated incidents.
We work with:
• Licensed engineers and contractors who can assess damage objectively
• Weather data experts who can confirm storm conditions at your address
• Independent adjusters who provide accurate and unbiased damage estimates
These professionals help build a strong evidentiary record linking your losses directly to the storm, making it harder for the insurer to deny or undervalue your claim.
How much does it cost to hire Clayton Trial Lawyers?
Our firm works on a contingency fee basis, which means:
• You don’t pay anything upfront
• There are no hourly rates
• We only get paid if we recover compensation for you
This fee structure ensures that legal help is accessible, even when you’re dealing with unexpected repair costs, temporary housing expenses, or lost income. It also aligns our success with yours, if we don’t win, you don’t pay.