This blog post is a shameless plug for the Disaster Law Primer weekend course taught by Professor Cerniglia here at Stetson. Not only was this class easy and interesting, but I learned a lot of useful information that we should all be aware of concerning the legal implications that arise when a disaster strikes. Before taking the class, I was shockingly unaware of how much the law and disasters intertwine. If you choose to forgo the class, at least read my summary of some of the topics we discussed below:
- The ABA’s Role in Disasters: The ABA’s Disaster Legal Services Program provides free legal assistance to survivors of natural and other natural disasters in cooperation with FEMA and is managed by volunteer attorneys across the country.
- Legal Needs After a Disaster: Just to name a few…
- Short Term:
- Landlord-Tenant questions;
- Insurance claims;
- Referral to community services (Red Cross, unemployment, TANF, SNAP/Food stamps, Medicaid, SSI benefits);
- SBA Disaster Loans & Disaster Unemployment;
- FEMA Assistance Applications.
- Medium Term:
- FEMA Assistance Appeals;
- Foreclosure prevention;
- Utility shutoffs;
- Security deposits;
- Consumer price gouging;
- Estate planning document replacement;
- Domestic violence response, including protective orders.
- Long Term:
- Foreclosures;
- Bankruptcy;
- Disaster tax relief;
- Civil and disability rights cases;
- Litigation to redress systemic disaster response problems.
As lawyers, we will play a crucial role in disaster planning and disaster relief in our communities. The more knowledgeable we are on the role that we play, the better equipped we will be to help when disaster strikes.
** All of the information summarized above is credited to Professor Cerniglia's Disaster Law Primer Course materials. **
I had no idea that a course like this was offered at Stetson. I actually know people who have used the Disaster Legal Services Program and I think it is great that attorneys volunteer their time to help with this program. I did not know the full scope of legal needs that people need help with after a disaster. This list was definitely an eye opener. I agree that lawyers play an important role in disaster relief and that lawyers should be more knowledgeable on the role they fill. I will have to look into taking Professor Cerniglia's class!
ReplyDelete"Insurance claims" could also fit under the medium and long term needs. Studies show that insurance carriers in FL are particularly slow to pay claims and often pay far less than the damages would justify. Often the only way to get carriers to respond is to file suit against them.
ReplyDeleteThis report from the Washington Post is a deep dive into the problem. https://wapo.st/3zI1idz. Many whose homes were damaged or destroyed by Hurricane Ian two years ago are still waiting to have claims settled.
We bought our home in Orlando from a lawyer who did homeowners insurance claims and had also been a public adjuster. She asked which homeowners insurance carrier we were going to use after the purchase. It was Universal. She said "Good luck. The only way they will pay a claim is if you sue them." Fortunately, we never had to find out. After they tripled our premium is just two years, we switched to Citizens last year.
Dealing with insurance claims will continue to be a disaster-related legal need in Florida, not just in the immediate aftermath of a storm, but for years after.
The law firm I work at is located in Miami Beach and I have concerns when hurricanes are tracking towards us. My main concern is the flooding from the storm surge that could effectively put the office underwater. I think I will have to research more thoroughly the ways a law firm can prepare itself to deal with this potential disaster scenario.
ReplyDeleteDo you know if your firm has a disaster plan? Have they shared it with staff so everyone is prepared?
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