A house fire can change your life in seconds, but the real battle often begins after the flames are out. Insurance companies are incentivized to delay, underpay, or deny valid claims to protect their bottom line.
At Daly & Black, P.C., our New Orleans fire damage insurance claim lawyers fight aggressively to get homeowners and businesses every dollar they’re owed under their policy. We don’t just negotiate, we’re ready to go to court if that’s what it takes.
If your home or business has suffered fire damage, don’t face the insurance company alone. Contact Daly & Black now for a free consultation, and let us fight to secure every dollar owed under your policy.
Facing Insurance Hurdles After Fire Damage
Filing fire damage insurance claims isn’t always straightforward. After a fire, property owners often face more than just the obvious destruction. Smoke damage, soot contamination, water damage from firefighting efforts, and structural instability can lead to substantial costs, and insurers seek ways to avoid paying them.
Insurance companies might:
- Claim the fire was caused by negligence or an excluded event
- Downplay structural damage as “cosmetic”
- Lowball the estimated cost of repairs or contents replacement
- Use delay tactics to pressure you into accepting less
What Fire Insurance Really Covers, and Why It Gets Complicated
Most home insurance policies cover fire damage, but that doesn’t mean your insurer will make the process easy. Many homeowners are surprised to learn that a significant portion of their claim is disputed or denied.
Fire damage insurance typically covers:
- Structural repairs to your home or business
- Smoke and soot cleanup
- Temporary housing costs under “loss of use” provisions
- Personal property loss and replacement
However, there are exclusions insurers may invoke, such as:
- Claims of arson (sometimes wrongly alleged)
- Failure to maintain fire prevention measures
- Disputes over the extent of damage or pre-existing conditions
If your insurance company is applying exclusions to your claim that seem unfair, it’s probably time to seek legal counsel. An experienced fire damage insurance claim lawyer can help you challenge these tactics and protect your right to full compensation.
Why Insurers Resist Paying Full Value for Fire Losses
Insurance companies are in business to protect their profits, not policyholders. They often minimize payouts by undervaluing claims, blaming homeowners for alleged negligence or code violations, using preferred vendors to produce low repair estimates, and dragging out the claims process to pressure you into settling for less.
Our Process: Taking Control of Your Fire Damage Claim
Our team uses a systematic, aggressive approach to help policyholders in New Orleans. Here’s how we work:
Step 1: Policy Review and Immediate Action
When you contact Daly & Black, the first step we take is reviewing your insurance policy in detail. We identify exactly what your policy covers and where potential disputes might arise. We also help you document immediate needs, such as finding temporary housing or arranging for emergency repairs, so you’re protected from further harm or financial stress.
To ensure fair assessment of your losses, we connect you with independent adjusters and damage experts—professionals who provide unbiased estimates, unlike the insurance company’s handpicked evaluators.
Step 2: Investigating Loss and Building Your Case
Next, we launch a comprehensive investigation into the extent of your fire damage. This isn’t just about visible destruction. We bring in engineers, fire consultants, and forensic accountants when necessary to uncover hidden damages, such as smoke infiltration into ductwork or water damage from extinguishing the fire.
Our team meticulously documents all personal property losses, ensuring that nothing is overlooked or undervalued in your claim.
Step 3: Aggressive Negotiation and Litigation
Once we have built a thorough case, we move into the negotiation phase. If your insurer offers an inadequate settlement or drags out the process, we push back hard. Our team challenges lowball offers and exposes unreasonable delays.
If needed, we don’t hesitate to file lawsuits against insurers who act in bad faith. Our goal is to secure the full compensation you may be entitled to. We prepare every case as though it’s going to trial, which is why our opponents know we mean business.
Types of Fire Claims We Handle
Our firm handles all types of fire-related insurance claims, including:
Residential Fires
We represent homeowners, renters, and condo owners whose properties have suffered from fire damage. These cases often involve disputes over the full scope of repairs, contents replacement, and temporary housing costs. Our team ensures your claim accounts for all losses, including smoke and water damage that insurers frequently overlook.
Commercial Property Fires
Fires at businesses present complex claims involving lost income, inventory damage, and business interruption coverage. We work with commercial property owners to pursue compensation not just for physical repairs but also for the financial fallout caused by downtime and operational disruption.
HOA and Multi-Unit Property Claims
Fires affecting homeowners associations or multi-unit properties, such as condos and apartment complexes, involve layered policies and competing interests. We navigate disputes between unit owners, HOA boards, and insurers to protect the collective and individual financial interests of those impacted.
Bad Faith Fire Insurance Denials
When insurers deny fire claims without valid reasons or delay payments to gain leverage, we pursue bad faith litigation. Louisiana law allows penalties and attorney fees in these situations, and Daly & Black takes decisive legal action to hold insurers accountable for acting in bad faith.
If your insurer is dragging its feet or denying your valid claim, we’re here to step in.
Holding Insurance Companies Accountable for Bad Faith
Louisiana law allows you to recover penalties and attorney fees if your insurer handles your claim in bad faith. At Daly & Black, we don’t just pursue your claim; we hold insurers accountable when they break the law.
Understanding Louisiana’s Bad Faith Insurance Laws
Louisiana law has strict rules governing how insurers must handle property damage claims, including fire losses. Under La. R.S. § 22:1892 and La. R.S. § 22:1892.2, insurance companies are required to act fairly and promptly. When they don’t, policyholders have legal options. Here are a few key points of Louisiana’s bad faith statutes:
Timely Payment Obligations
Insurers must pay the undisputed portion of your claim within 30 days. This prevents companies from holding policyholders hostage over minor disputes while ignoring clear, documented losses. If they delay without legitimate cause, it opens the door for penalties.
Statutory Penalties and Punitive Measures
If an insurer’s conduct is found arbitrary, capricious, or without probable cause, they may be required to pay the policyholder a penalty of either 50% of the amount owed or $5,000—whichever is greater.
Recovery of Attorney Fees and Costs
If you’re forced to hire a lawyer because your insurer refuses to pay fairly, Louisiana law allows you to recover reasonable attorney fees and court costs. You shouldn’t have to pay out-of-pocket to enforce rights you already purchased with your policy.
Catastrophic Loss Protections
For catastrophic events, such as widespread fires or natural disasters, Louisiana adds extra protections. Insurers are required to follow formal notice and cure procedures before litigation can proceed. This process gives insurers a chance to correct their wrongdoing, but if they still refuse, the penalties increase significantly.
At Daly & Black, we leverage these laws to hold insurers accountable. We pursue not just payment of your claim, but also penalties and legal fees when bad faith conduct is involved.
Immediate Steps to Protect Yourself After a Fire
If you’re dealing with the aftermath of a fire, take these steps:
- Call 911 and ensure everyone is safe
- Notify your insurance company as soon as possible
- Document the damage with photos and videos before cleanup begins
- Save all receipts related to temporary housing, repairs, or personal expenses
- Contact a New Orleans fire damage insurance claim lawyer before accepting any settlement offer
Why Choose Daly & Black?
At Daly & Black, we are ALL IN. ALL THE TIME. for our clients. Our team is made up of award-winning trial lawyers with national recognition and a deep understanding of the complexities involved in New Orleans property insurance claims.
We work on a contingency fee basis, so you never pay unless we win. We don’t let insurance companies take advantage of policyholders; instead, we fight relentlessly to make sure you get every dollar you’re owed.
FAQs
What should I do if my New Orleans home suffers fire damage?
Document everything, notify your insurer, and contact an attorney before accepting any offer. Early legal help can prevent mistakes that hurt your claim.
Why do insurance companies often undervalue or deny fire damage claims?
They prioritize profits, using tactics like delay, low estimates, and blame-shifting to reduce payouts. That’s why legal representation is critical.
Can I recover legal fees if my insurer acted in bad faith?
Yes. Louisiana law allows penalties and attorney fees if your insurer unreasonably denies or delays your claim without cause.
Don’t Let the Insurance Company Control Your Recovery. Call Daly & Black Today.
Schedule your free consultation with a New Orleans fire damage insurance claim lawyer now. Whether you’re facing a denied claim, an unfair settlement offer, or constant delays, Daly & Black is ready to fight back. We work with homeowners, business owners, and HOAs to take on insurers who refuse to pay what’s owed. Let us be your weapon against insurance companies that don’t play fair.