Public Adjuster or Lawyer: Which One Do I Need in Florida?

This guide is by Edgar Velazquez, founder of Monarch Claims Consultants and a public adjuster licensed in Florida (#P140117).

Your claim came back denied, or the payment fell short of the repairs. One person tells you to call a lawyer. Another says a public adjuster is the right move. Both suggestions are common, and they are not interchangeable. This guide explains what each one is licensed to do, what each one charges, and a plain way to decide who to call first.

FLORIDA ALLOWS ONLY TWO LICENSES TO REPRESENT YOU ON A CLAIM

Start with something most people never hear. Under section 626.854(20) of Florida law, only two kinds of professionals can be paid to handle an insurance claim for you. One is an attorney at law. The other is a licensed public adjuster. Nobody else may prepare your claim, file it, or negotiate it for money. Not a contractor, not an unlicensed consultant, not a helpful acquaintance who wants a cut.

Lawyers do not need an adjuster license to do this. Section 626.860 of Florida law lets attorneys in good standing with The Florida Bar adjust claims as part of practicing law. So both professions can sit at the table. The difference is what each one is trained and licensed to actually do.

THE PUBLIC ADJUSTER HANDLES THE CLAIM FROM START TO FINISH

Section 626.854(1) of Florida law describes the public adjuster’s job. We prepare, complete, and file insurance claims. We negotiate settlements for loss or damage covered by an insurance policy. In plain terms, we run the whole claim for you. We study the policy word for word. We inspect and photograph the damage ourselves. We write the repair estimate in professional estimating software. We meet the insurance company’s adjuster at the property. And we handle the letters, the calls, and the negotiation until the claim pays.

That last part matters. The company adjuster and any independent adjuster work for the insurance company. The public adjuster is the one licensed to represent you, the policyholder.

The law also sets limits we have to respect. Under section 626.854(3), a public adjuster cannot give legal advice. We also cannot handle claims involving bodily injury or death. Our lane is property damage, and what it costs to put that property back.

The fee is capped by law. A public adjuster can charge up to 20 percent of what the insurance company pays on the claim. The cap drops to 10 percent when the Governor declares a state of emergency after a catastrophe such as a hurricane. That lower cap covers claims made during the first year after the declaration. After that year, the normal 20 percent cap applies again. Either way, the fee is a percentage of the claim payment, not an upfront bill. If the claim recovers more, we earn more. Your interest and ours point the same way.

THE LAWYER’S LANE IS THE LAWSUIT

A lawyer’s role in a property claim is narrower, and it matters at one specific moment. A lawyer gives legal advice, files the lawsuit, and represents you in court. When a claim truly reaches that point, nothing else substitutes. Until it does, the work the claim needs is adjusting work.

Here is what most people miss. A lawsuit runs on evidence, and in a property claim the evidence is the damage file. Someone has to inspect the property, document the full loss, and put a defensible number on it. An attorney who takes a claim without a public adjuster usually hires that part out, to a roofer, a contractor, or an outside adjuster. That hired expert has no stake in how your claim ends. The file can win or lose and their invoice reads the same. And writing damages with the policy language in hand is not their trade, even though the policy heavily influences how an estimate should be prepared. It is the public adjuster’s entire license, done on your side of the table, by someone whose fee depends on the same outcome yours does. Why does that matter? Because a strong result needs a strong file. The estimate and the documentation carry the claim, and building them is exactly what the public adjuster is there to do.

Florida also has a formal step before any property insurance lawsuit. Under section 627.70152 of Florida law, the policyholder must send a written notice of intent to start litigation. The notice goes through the state’s Department of Financial Services on its form. It must be sent at least 10 business days before the lawsuit is filed, and only after the insurance company has made a coverage decision. The insurance company then gets a chance to respond. Depending on the situation, that response can be accepting coverage, keeping its position, reinspecting the property, or making a settlement offer.

What does a lawyer cost? That depends on the agreement you sign. Many work on contingency, meaning a percentage of what is recovered. In the fee agreements our clients have shown us, that percentage commonly starts around a third of the recovery and can climb higher once a lawsuit is filed. The costs of the case, such as filing fees, expert reports, and estimates, are usually added on top. The 20 percent cap that section 626.854 of Florida law puts on public adjuster fees does not apply to attorney fees. Before you hire anyone, get the percentage and the costs in writing and compare them.

A PLAIN WAY TO DECIDE WHO TO CALL FIRST

Look at what the disagreement is actually about.

If the dispute is about money, scope, or coverage, start with a public adjuster. Most claim problems live here. The claim was accepted, but the estimate feels thin. Rooms are missing from it. Prices look low. The damage was measured in a quick visit. All of that is adjusting work, and it is exactly what the public adjuster license exists for.

A denied claim is not automatically a court case either. If you want to know whether the insurance company’s decision can be turned around, a public adjuster is where you start. Getting a denial reviewed and overturned is adjusting work too. There have been hundreds of cases where Monarch went back to the insurance company after a denial with new documentation and got the denial reversed, with no lawsuit involved. When that road truly hits a dead end, that is the moment for an attorney. And that is where a good attorney shines. Without their advocacy in court, many claims would stop there for good.

And this is not an either-or choice. Plenty of claims start with a public adjuster and add an attorney later. The file a public adjuster builds becomes the raw material a lawyer works from if the claim turns into a case. That file holds the photos, the measurements, the estimate, and the letters.

One more thing to weigh: time. Negotiation moves as fast as the two sides move. A lawsuit moves on the court’s calendar, and that can mean months, sometimes years, before the claim resolves. That wait is worth it when legal action is the only road forward. It is a heavy price when the dispute could have been settled at the adjusting table.

HOW MONARCH HANDLES THIS QUESTION WHEN YOU BRING IT TO US

Monarch is a public adjusting firm, not a law firm, and we never blur that line. But when a claim is denied, we do not just pass it to a law office. We go back with our own inspection, our own estimate, and the policy language, and we work to get the denial overturned. Many of the denials we have handled were reversed that way, without a lawsuit. When a file truly needs an attorney, we say so, and we work alongside the attorney the client chooses.

What you get with us is one licensed team on your side, carrying the whole file from the first inspection to the final payment. If your claim was denied and you want to understand the road ahead, our guide on what you can do after a claim denial in Florida walks through it step by step. And if an adjuster turns out to be the right first call, read how to choose a public adjuster in Florida before signing with anyone, including us.

QUESTIONS WE HEAR ABOUT ADJUSTERS AND LAWYERS

Should I hire a public adjuster or attorney?

Start with the public adjuster if the dispute is about money, scope, or coverage. Florida law lets a licensed public adjuster prepare, file, and negotiate your claim, and many disputes get resolved at that level. Hire an attorney when a lawsuit becomes necessary. Section 626.854(20) of Florida law names these two professions as the only ones allowed to represent you for pay.

Can you fight a denied home insurance claim?

Yes. A denial is a decision, and decisions get reviewed. A public adjuster can reinspect the damage, rebuild the documentation, and present the claim again. There have been hundreds of cases where Monarch got a denial reversed without a lawsuit. If the insurance company will not move after that, an attorney can take the claim to court.

Can a public adjuster give me legal advice?

No. Section 626.854(3) of Florida law prohibits it. A public adjuster can explain what your policy says and what your damage is worth. Advice about your legal rights has to come from an attorney.

What is the difference in cost between a public adjuster and a lawyer?

A public adjuster’s fee is capped by Florida law at 20 percent of the claim payment. The cap is 10 percent for claims made during the first year after the Governor declares a state of emergency. Attorney fees are not capped by that law. Many attorneys charge a contingency percentage, and the costs of the case are added on top. Get both numbers in writing before you hire anyone.

Can I hire a public adjuster and a lawyer at the same time?

Yes. They do different jobs, and they often work on the same claim. The public adjuster documents the loss and values it. The attorney handles the legal side. Florida law also says a public adjuster’s fee rate cannot increase just because the claim is litigated.

What has to happen before a property insurance lawsuit is filed in Florida?

Section 627.70152 of Florida law requires a written notice of intent before the suit. It is filed through the Department of Financial Services at least 10 business days before the lawsuit, and only after the insurance company has made a coverage decision. The insurance company then responds. Depending on the situation, the response can be accepting coverage, keeping its position, reinspecting the property, or making a settlement offer.

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