Los Angeles Fire Damage Lawyer

Los Angeles Fire Damage Attorney

A fire is always terrifying. However, even when the fire is finally put out, there is almost always significant damage to assess and remedy. While many rely on property insurance to address these issues, it’s not uncommon to find that the insurance provider is not as forthcoming with compensation as expected. For those dealing with such “bad faith” issues, a Los Angeles fire damage lawyer may be able to help.

There are ways for consumers to seek relief when they’re dealing with an insurance company that’s not living up to its obligations. However, these can be complicated and challenging cases. At Sawyer & Labar LLP, we understand the unique issues involved in seeking fair compensation from a bad faith insurance provider.

We help clients seek the funds that they’re owed, and we won’t allow you to accept an unfair settlement. Our skilled attorney, Ivo Labar, can take the claim to court so that you’re awarded the level of compensation you deserve.

How a Los Angeles Fire Damage Lawyer Can Help

The law provides a variety of protections for consumers who are faced with businesses taking advantage of them. Some of these protections apply particularly to the insurance industry, and they provide a means for filing a claim against insurance providers that fail to meet the expectations of the law. A lawyer can play a critical role in helping consumers leverage these protections to get the insurance compensation they are owed when faced with fire damage.

Insurance contracts and the laws that govern them are complicated, but as your lawyer, Ivo Labar is able to examine your policy and identify the responsibilities of the insurance provider. We can also consider assessments of the damage that you’ve suffered and determine whether your insurance provider is likely in violation of the law. If so, we can represent you throughout the legal process.

Negotiating a Settlement

It’s common for bad faith insurance issues to be resolved out of court and through a negotiated settlement rather than going through the full litigation process. This is usually because there are often significant advantages for both sides in choosing to reach a settlement.

One of the advantages of a negotiated settlement for the insurance company is avoiding the inherent risk of litigation. When an issue is addressed through litigation, it leaves the decision in the hands of a third party. This means a risk of a ruling that’s not in their favor. For this reason, among others, insurance providers often choose to offer a settlement before a trial becomes necessary.

Another benefit of a settlement is typically the element of timing. The legal process can often be slow-moving, and it’s not uncommon for it to be a long period of time before the issue is eventually resolved. Settlements, though, can be reached relatively quickly if both sides are motivated to reach an agreement quickly. However, a quick process does not always mean a better outcome. We can fight for you in court if the other party does not offer a fair settlement.

Negotiations for your insurance coverage can be challenging and complicated, which makes having an experienced lawyer representing you a significant benefit. We understand the nuances of both the law and these types of negotiations. This means that we can put the right pressure on the other side while also recognizing when we’ve received the strongest offer possible and when to proceed with litigation.

The presence of an experienced trial lawyer can also have an impact on how the insurance company views the negotiation process. They may realize that they will not be able to get away with the same tactics they may use with an inexperienced negotiator. They also recognize that the threat of going to court is legitimate, which can lead to them taking the process a bit more seriously.

Litigation

There are often cases in which it may not make sense to settle and take the offer on the table. Typically, this is because the offer is not enough to cover your expenses related to the fire damage. When this happens, it is a wiser option to turn to the legal process and seek the remedy you need through litigation.

In the process of representing you during litigation, we handle issues like filing the necessary paperwork and presenting your case in any hearings. We use our investigation of your case to argue that your interests align with the law, seeking the compensation that you are owed for the fire damage.

“Bad Faith”

At the core of these types of insurance claims is the issue of the insurance company acting in “bad faith.” This is a broad term that addresses a variety of problems occurring when an insurance company fails to meet its obligations. When someone files a claim based on their policy, as would be done after fire damage, they should be properly compensated.

The key component of these issues is the agreement or insurance policy, that both you and the company have agreed to. Under these policies, the consumer may have some obligations, primarily their requirement to make the necessary payments on time. The insurance provider must pay out any valid claims. Failure to meet their obligations and the requirements of the law may mean that the insurance provider could be considered to be acting in bad faith.

Some of the more common forms of bad faith behaviors include:

• Denial Without a Legitimate Reason. Under most insurance policies, the types of issues covered by the policy are described, as are those that will not fall under the policy. However, there may be times when a company refuses to cover an issue that they should, resulting in a dispute with the policyholder.
• Making an Inadequate Offer. An insurance provider may come back with an offer that undervalues the costs and extent of the damage caused by the fire. Disputes regarding the valuation of property and the expense required to repair or replace it are not uncommon.
• Delays in Processing a Claim. When you’ve suffered fire damage, the need for funds is often urgent, and it can be challenging when the insurance provider seems to have unnecessary delays in addressing your claim. However, insurance providers have a responsibility to act in a reasonable amount of time regarding your claim.
• Not Investigating the Claim. One of the most important steps in making a decision regarding a claim is for the insurance company to investigate the damage and expense involved. Failure to conduct this kind of investigation can be an issue, particularly when rejecting a claim or lowballing an offer.
• Failure to Communicate. Adequately. Communication throughout the claim process is critical, as those who’ve suffered fire damage are often eagerly awaiting a decision on their claim. Therefore, insurance companies should be keeping their clients reasonably well-informed of the status of their claims.
• Misrepresentation Regarding the Coverage or Claim. It’s important for insurance companies to be clear and upfront regarding the coverage that they provide and their decisions regarding claims. Failure to do this could be considered bad faith.

Insurance Policies That Might Cover Fire Damage

The specifics of what an insurance plan may cover will often differ depending on the type of the plan, but most standard property insurance policies cover much of the damage caused by a fire up to the plan’s limits. Some of the different insurance plans that could be collected in the case of a fire include:

• Homeowners Insurance
• Commercial Insurance
• Renters’ Insurance
• Landlord Insurance

In a place like Los Angeles, where there is a higher risk of earthquakes, some fire damage may need to be collected through earthquake insurance. This could be the case if the fire was the result of an earthquake. Most standard property insurance policies don’t cover damage that can be shown to have been the result of an earthquake. However, many mortgages and loans for properties in high-risk areas for earthquakes require earthquake insurance.

Common Fire Damage Expenses That May Be Covered by Insurance

If you’re fortunate, a fire may be quickly contained, and the damage may be minimized. However, fires have the ability to spread quickly and may cause significant issues. There’s a range of different types of damages and expenses related to fires that may be covered under property insurance. However, it’s important to understand that exactly what will be covered depends on the policy agreement in place.

Some of the most common forms of expenses related to fires include:

• Structural Issues. Walls, ceilings, floors, the roof, and even the foundation of a building could be impacted by fire directly, the heat of the fire compromising materials, and possibly the efforts of firefighters to put out the flames.
• Personal Property. Any property inside the building is at risk of being damaged by the fire. Even items that weren’t directly burned could be significantly damaged by the heat. While personal property items are occasionally salvageable, many of them, from clothing to electronics, will likely need to be replaced.
• Smoke and Soot. Smoke and soot can cause damage and issues throughout a property. Stains on walls, ceilings, furniture, and other items can be an issue. Electronics can develop damaged internal components when soot gets inside the items. It’s also possible that there may be a persistent odor in the property as a result of the smoke.
• Water Damage. While firefighting efforts may be successful in putting out the fire in the property, they can often create their own set of issues from the water that’s used in the process. Initial water damage is possible, but there is also a risk of mold and mildew where the water was used if the situation is not addressed.
• Landscaping Damage. The fire may not be contained to the structure and could also do damage to the landscaping surrounding the home, including the trees, lawn, shrubs, flowers, and other plants and decorations.
• Debris Removal. The damaged materials and other debris will need to be removed from the property, which carries its own expense.
• Repair or Reconstruction. Depending on the severity of the damage, there will be expenses associated with repairing the property or rebuilding, usually paid to contractor services that will oversee and execute the process. There will be costs for permits and inspections in many cases as well.
• Relocation Expenses. If the property is unlivable due to the damage, some insurance policies may cover expenses related to hotel stays, rental costs, transportation, meals, and other related expenses.
• Business Costs. If the property that’s damaged is a commercial property, those costs may be covered. This includes damaged materials, inventory, equipment, and other business property. If the damage is extensive enough to impact the operations of the business, it’s possible that lost business income may be covered by the insurance policy as well.
• Adjacent Property Damage. Fire spreading to other property and causing damage there may be covered under liability provisions in some insurance plans.
• Fire Department Service Charges. If applicable, some fire departments charge service fees for firefighting, which could be covered under some insurance plans.

Sawyer & Labar LLP Can Help Those With Fire Damage Resolve Bad Faith Concerns

Fire damage is among the most impactful property damage that anyone can face, often leaving a home uninhabitable or a business unable to function properly. Even when the damage from the fire itself is minimized, the firefighting efforts can leave a property in need of repairs. With such a significant need for compensation for these damages, it can be frustrating when an insurance provider seems to not be meeting their obligations.

At Sawyer & Labar LLP, we work with those facing fire damage and a resistant insurance company to seek the compensation they are owed. We understand the unique challenges involved in seeking full compensation from an insurance provider.

However, we’re prepared to make a stand for what our clients deserve. Ivo Labar, our talented attorney, is an experienced litigator who can fight aggressively on your behalf in the courtroom. To discuss your case and how we may be able to help, contact us today.