If your home was damaged in a fire, you’re probably facing a whirlwind of emotions, questions, and urgent decisions.
Between the smoke damage, structural loss, and the sheer stress of starting over, one of the most critical things you’ll need to deal with is your insurance claim. We are here to break down the fire damage insurance claim process, including what to do right after the fire, how to document your losses, and what to expect from your insurer.
Whether you’re in the early stages of assessing the damage or you’ve already run into problems with your claim, we’ll walk you through each step of the timeline and show you when it might be time to get legal help. Daly & Black is here to help you fight back if your claim is delayed, denied, or underpaid.
The Fire Damage Insurance Claim Timeline: What to Expect Week by Week
Every fire damage insurance claim follows a general trajectory, but the specifics vary depending on the scale of the damage, your insurer, and how quickly you act.
Below is a week-by-week breakdown of what typically happens, and when.
The First 48 Hours: Emergency Response & Initial Contact
Immediately after the fire, your priority is safety. Ensure all occupants are accounted for and that the scene is secure. Do not re-enter the property until the fire department deems it safe.
Contact your insurance provider within the first 24–48 hours to report the fire and initiate your claim. An early start helps avoid delays and ensures your account of the loss is documented while details are fresh.
Week 1: Assessment, Documentation & Temporary Arrangements
In the first week, document the damage in detail: photos, videos, lists of damaged or lost items, and any emergency expenses (like hotel stays, meals, and clothing), and keep all receipts.
This documentation will support your “proof of loss” submission. At the same time, begin securing the property against additional damage, and request a copy of the official fire report from your local fire department.
Week 2: Adjuster Visit & Property Inspection
Within the first two weeks, your insurer will likely send an adjuster to inspect the property. Be present during this visit. Provide your documentation and walk the adjuster through the damage.
This is your opportunity to shape how the damage is understood and evaluated. If needed, consider hiring a public adjuster or independent contractor to give you an unbiased damage estimate.
Weeks 2–6: Claim Processing & Negotiations
Once your adjuster submits their report, the insurer begins reviewing the claim against your policy. They may request additional documents or question the scope of damage.
Under Texas law, insurers must acknowledge receipt of a claim and begin an investigation within 15 calendar days (Tex. Ins. Code § 542.055).
In Louisiana, insurers must initiate loss adjustment within 14 days of notification (La. R.S. § 22:1892(A)(3)).
At this stage, negotiations over the value of your claim may begin. If the insurer’s offer is too low, don’t feel pressured to accept it—this is where experienced legal guidance can make all the difference in protecting your financial recovery.
Weeks 4–12: Payout & Reconstruction
Under Texas law, insurance companies generally have five business days to make a payment once they accept a claim, per the Texas Prompt Payment of Claims Act (Tex. Ins. Code § 542.057).
In Louisiana, insurers must tender payment within 30 days of receiving satisfactory proof of loss, as outlined in La. R.S. § 22:1892. Some insurers may offer partial advance payments to help cover immediate needs. Once funds are released, you can begin rebuilding.
Be sure to work with vetted contractors and retain all invoices, as you may be entitled to further compensation throughout the restoration process.
Month 3 and Beyond: Litigation and Final Resolution
If your fire damage claim was denied, underpaid, or unnecessarily delayed, you may be forced to pursue legal action to recover the compensation you are owed under your policy. At this stage, your attorney will prepare and file a lawsuit against the insurance company, citing breach of contract or bad faith practices, depending on the circumstances.
Litigation may extend the timeline, but it also puts pressure on insurers to negotiate in good faith. Some cases settle before trial, while others proceed to court. Either way, a strong legal team can help you secure the full value of your claim and ensure you’re not left to rebuild alone.
Common Issues Homeowners Face with Fire Insurance Claims
While some claims are resolved smoothly, many are not. Homeowners often encounter problems like:
Delays in processing:
Your insurer may take weeks or even months to respond, leaving you in limbo.
Lowball estimates:
Insurers may undervalue the cost of repairs or replacement, offering far less than what you need.
Partial denials:
Your provider might approve some repairs while rejecting others without adequate explanation.
Claim denial:
In some cases, insurers outright deny coverage based on exclusions, alleged fraud, or errors in documentation.
These tactics are not just frustrating; they can be financially devastating. That’s why it’s crucial to understand your rights and to seek legal help when red flags appear.
When to Contact a Fire Damage Insurance Claim Lawyer
If your insurer is ignoring you, delaying your claim, or offering a settlement that doesn’t reflect the true cost of your losses, it’s time to bring in a fire damage insurance claim lawyer.
Daly & Black, P.C. has represented homeowners and property owners across the country in high-stakes fire insurance disputes.
Our team knows how to interpret policy language, challenge unfair denials, and present compelling evidence that supports your claim. We deal directly with insurance companies, so you don’t have to.
Most importantly, we level the playing field. Insurance companies have teams of lawyers on their side. You deserve the same firepower.
What Happens If Your Fire Damage Claim Is Denied or Underpaid?
A denial or undervalued payout isn’t the end of the road. You have the right to challenge the decision, and in many cases, doing so results in a significantly higher recovery.
If your insurer is acting in bad faith—delaying without justification, misrepresenting policy language, or refusing to negotiate in good faith—you may have grounds for a lawsuit. Our attorneys can help you file an appeal, gather additional documentation, and, if necessary, take legal action to pursue the full compensation you may be entitled to under your policy.
We’ve seen how hard insurers fight to protect their bottom line. That’s why we fight harder.
Why Choose Daly & Black for Your Fire Damage Insurance Claim?
Not all law firms are equipped to handle fire damage claims—but Daly & Black is. We are nationally recognized for our results in insurance litigation and were named Insurance Litigation Firm of the Year in 2022. Our attorneys have earned distinctions from Super Lawyers and other top legal publications.
But accolades aside, what sets us apart is how we treat our clients. We prepare every case as if it’s going to trial. We explain your rights and keep you informed at every step. And we work on a contingency basis, meaning you owe us nothing unless we secure compensation on your behalf.
We don’t back down from insurance companies. We go ALL IN. ALL THE TIME.
FAQ
What are the first steps to take after experiencing fire damage?
Make sure everyone is safe, call emergency services, and notify your insurance company as soon as possible. Begin documenting the damage immediately with photos and videos, and take steps to prevent further loss.
How does the fire damage insurance claim process work?
After filing a claim, your insurer will assign an adjuster to evaluate the damage. You may need to complete a detailed inventory and proof of loss. The adjuster will provide an estimate, and you’ll negotiate a settlement based on policy terms and actual costs of repair or replacement.
What should I do if my fire damage claim is denied or underpaid?
You can appeal the decision and submit additional evidence. If your insurer continues to delay or act in bad faith, consult a lawyer who can escalate the matter and help pursue the full compensation you may be entitled to.
Get the Legal Help You Need to Rebuild After Fire Damage
You’ve been through enough. Don’t let your insurance company add insult to injury by denying or underpaying your claim. At Daly & Black, we’ve helped policyholders across the country stand up to insurers and recover what they’re owed.
If your home was damaged in a fire and your insurance company is giving you the runaround, Daly & Black is ready to fight back. Call today for a free consultation; we don’t get paid unless you do.