FLORIDA CLAIMS · PLAIN ANSWERS

Public Adjuster or Lawyer for a Florida Insurance Claim?

Alberto Enriquez
By Alberto Enriquez, Senior Licensed Florida Public Adjuster (License P112658)
Homeland Public Adjusters · Last reviewed: October 2026
A public adjuster documenting fire and smoke damage in a home hallway
Different licenses, different jobs, sometimes the same claim

Short answer: Both can represent you on a Florida property claim, and they do different jobs. A licensed public adjuster handles the claim itself, including disputed, underpaid and denied claims: documenting the damage, writing the estimate, and presenting and negotiating the claim with the insurer, with the fee capped by Florida law. An attorney gives legal advice and represents you in court, when a claim or a coverage dispute goes to litigation; the fee is set by your agreement with the lawyer. Many claims are settled without a lawsuit, and some claims use both.

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Side by side

Public adjusterAttorney
Licensed byThe Florida Department of Financial Services. Check the license on the DFS licensee search.The Florida Bar. Check the lawyer in the Bar’s member directory.
What they doInspect and document the damage, write an itemized estimate, prepare and present the claim, negotiate with the insurer, and help you through DFS mediation.Give legal advice, interpret disputed policy language, send the pre-suit notice, and file and try a lawsuit.
How they are paidA percentage of claim payments, capped by Fla. Stat. §626.854(11): 20%, or 10% on emergency claims made in the year after the Governor’s declaration, and nothing on payments made before the contract.Set by the written agreement with the lawyer. Ask for it before you sign.
Contract protectionsWritten contract, a 10-day right to cancel (longer after a declared emergency), and an itemized estimate within 60 days (§626.854(7) and (12)).The lawyer’s engagement agreement, under The Florida Bar’s rules.
Legal advice or a lawsuitNoYes

Florida law allows only two kinds of people to prepare, file or negotiate your claim for pay: an attorney, or a licensed and appointed public adjuster (§626.854(1) and (20)). A contractor or roofer can’t handle your claim unless also licensed as a public adjuster (§626.854(16)).

When a public adjuster usually fits

  • The insurer accepts the claim but pays too little, or says the damage is below the deductible.
  • The dispute is about what the storm, leak or fire actually damaged, and it needs documentation and an itemized estimate.
  • You are starting a claim and want it documented right from the first inspection.
  • You want to reopen a claim, add a supplemental claim, or prepare for DFS mediation or appraisal.

When an attorney usually fits

  • You have decided to sue, or a lawsuit deadline is close.
  • The insurer has accused you of fraud or misrepresentation, or asked for an examination under oath and you want legal counsel.
  • A coverage dispute or a bad-faith question is headed to court.

When both work on the same claim

Some claims start with a public adjuster and move to an attorney if negotiation stalls; the documentation and estimate carry over. Florida computes the public adjuster’s capped fee on claim payments exclusive of attorney fees and costs, and a public adjuster’s rate can’t go up just because the claim is litigated (§626.854(11)(b) and (e)).

How to find and check each one

Where Homeland fits

Homeland Public Adjusters is a public adjusting firm, not a law firm. Call us first for a free claim review: if your claim is one a public adjuster can move forward, we document it and negotiate it for you. If your claim needs an attorney, we’ll tell you so honestly. Call Homeland first, 24/7, at (305) 783-3777. A licensed Homeland public adjuster comes to your property within hours, anywhere in Florida. No Recovery, No Fee. Hablamos español.

Frequently asked questions

Can a public adjuster give legal advice or sue my insurer?
No. A public adjuster handles the insurance claim itself: documentation, estimates and negotiation. Legal advice and lawsuits are for licensed attorneys.
Can a public adjuster and a lawyer work on the same claim?
Yes. Some claims start with a public adjuster and move to an attorney if needed; the documentation carries over.
Which costs less?
It depends on the written terms. Florida caps public adjuster fees by statute; an attorney’s fee is set by your agreement with the lawyer. Compare the written terms side by side before you sign either one.

Sources (checked October 30, 2026)

This article is for general information only and is not legal or insurance advice. Statutes, regulations and policy wording change, and how they apply depends on your own policy and the facts of your claim. Homeland Public Adjusters is a public adjusting firm, not a law firm.

If you already have an open claim, see What to Do in the First 24 Hours After Property Damage, or visit our Denied and Underpaid Claims page.

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Or call 24/7: (305) 783-3777 Florida · (732) 517-3777 New Jersey. Hablamos español.

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