When a fire devastates your property, the real fight often begins after the flames are out. Insurance companies are experts in scrutinizing your claim and searching for ways to reduce or deny what you’re owed. While you’re still trying to piece together what’s left, they’re already working to protect their bottom line.
The Houston fire damage insurance claim lawyers at Daly & Black P.C. know how to hold insurers accountable when they stall, underpay, or play games with your future. We don’t wait for them to play fair—we force them to. If your home or business has suffered fire damage, our team is ready to go ALL IN. ALL THE TIME. to help you fight back and move forward.
Contact us today for a free consultation. You only pay when we win for you.
What Does Fire Damage Insurance Typically Cover?
Before reviewing your policy’s coverage, it’s important to understand just how many layers of damage a fire can leave behind. The destruction often goes far beyond what’s visible, impacting not just your home’s structure but also your health, your belongings, and your ability to live safely on the property.
Flame Damage
The most obvious form of destruction, flame damage directly burns structural elements, furniture, and personal property.
Water Damage
Efforts to extinguish a blaze often leave behind water damage, including warped wood, mold growth, and damaged drywall.
Chemical Damage
Burned materials and firefighting agents can combine into corrosive or toxic chemical residues that compromise structural integrity and indoor air quality.
Smoke Damage
Even in areas untouched by fire, smoke can discolor paint, stain fabrics, and leave lingering odors. It can also pose serious health hazards.
Each of these categories can lead to unique expenses including remediation, reconstruction, temporary relocation, and personal property replacement. And each should be carefully documented to support your claim.
Homeowners and commercial property insurance policies generally include compensation for many of these losses. That often encompasses structural repairs, personal property replacement, smoke and water damage cleanup, and additional living expenses.
However, insurers frequently point to exclusions, depreciation formulas, or alleged code violations to reduce what they owe or deny the claim altogether.
Why Fire Damage Insurance Claims Get Denied or Delayed
Insurance companies use a variety of tactics to protect their bottom line. These include:
Disputes Over Scope and Valuation
Insurers often bring in their own adjusters who undervalue repairs or ignore smoke and water damage completely.
Missing or Incomplete Documentation
One small oversight in your initial filing, or a missed deadline, can be used to delay or deny your payout.
Suspicion of Arson or Fraud
If the insurance company suspects arson, it is allowed under Texas Insurance Code Chapter 542 to take up to 30 days after receiving all required documentation to accept or deny your claim, rather than the standard 15-day timeline.
This extension is legal, but it can be strategically used to delay your payout and apply pressure when you’re most vulnerable. And it’s not just about timing.
According to a report by the Texas Observer, up to half of all arson convictions have historically relied on outdated or unscientific forensic methods, casting doubt on many investigative conclusions drawn by insurers and their hired experts.
This tactic isn’t always about uncovering fraud, it’s often about leverage. When insurers suspect arson, they shift the narrative to place you on the defensive, hoping delays, confusion, or fear will lead you to settle for less.
Deliberate Bad Faith
If it can be proven that your insurer knowingly violated Chapter 541 of the Texas Insurance Code, you may be entitled to treble damages—up to three times your actual losses.
This powerful legal remedy exists to punish insurers who act in bad faith and to make you whole when standard claims procedures fail you.
You deserve better. Daly & Black holds insurance companies accountable every day—and we don’t back down.
What to Do After a Fire: From Safety to Filing Your Insurance Claim
After a fire strikes, every moment counts. What you do in the hours and days that follow will determine how smoothly your insurance claim goes—and whether you get full compensation. Acting strategically from the outset can make all the difference. This section draws from best practices outlined in wildfire recovery guidance from TexasReady.gov, tailored for homeowners navigating fire damage recovery in Houston and across Texas.
Ensure Immediate Safety and Health Precautions
The first and most urgent step is making sure everyone is safe. Do not return to the property until authorities give the all-clear. Even then, wear proper safety gear such as an N95 mask, gloves, and long clothing, as fire sites often contain dangerous particulates and debris.
Watch for unstable flooring, exposed wiring, and chemical contamination, all of which may pose serious risks to your health and safety.
Document the Scene Extensively
Once it is safe to do so, begin documenting everything. Take clear photos and videos of burned structures, charred belongings, smoke stains, standing water, and soot-covered surfaces. The more visual proof you have, the better.
Create a detailed list of damaged or lost items along with their estimated value. If possible, preserve any physical evidence, like warped fixtures or damaged appliances, as these may be needed later to support your claim.
Mitigate Further Damage
To avoid additional losses and to stay in good standing with your insurance provider, take reasonable steps to secure the property. This might include boarding up windows, placing tarps over exposed roofs, or stabilizing loose walls.
However, avoid throwing away damaged items or beginning any cleanup efforts until after your insurer inspects the scene. Premature action could compromise your claim.
Notify Your Insurance Provider Promptly
Time is critical. As soon as possible, file a notice of loss with your insurance company to begin the claims process. Request a complete, up-to-date copy of your insurance policy so you understand the specific terms, limits, and exclusions that may apply to your fire damage claim.
Be Cautious With Insurer Communications
Insurance adjusters may request recorded statements, but it’s best to speak with an attorney first. What you say in those early conversations can impact your claim. Also, do not rely solely on the insurer’s repair estimates. Independent assessments often reveal greater damage and truer replacement values.
Track Additional Living Expenses (ALE)
If you’re forced to relocate temporarily, keep receipts for all expenses related to housing, meals, pet boarding, transportation, and storage. These “additional living expenses” may be reimbursable under your policy, but only if you can prove them.
Know When to Call Legal Reinforcements
If you’re unsure how to navigate the fire damage insurance claim process, or if your insurer is delaying, underpaying, or denying your claim, it’s time to bring in legal counsel. Daly & Black can step in immediately to protect your interests and assert your rights.
From first notice to final resolution, we ensure your claim reflects the full extent of your losses, including structural damage, smoke contamination, and hazardous chemical residues like lead or asbestos.
You’ve been through enough. Let us carry the legal burden so you can focus on recovery.
How Daly & Black, P.C. Fights for You
We are not public adjusters. We are experienced trial attorneys with a track record of going toe-to-toe with the largest insurance companies in Texas.
Whether your claim is being delayed, undervalued, or outright denied, we can:
- Conduct a full policy and damage review
- Push back against bad faith insurance tactics
- Demand independent appraisals
- Represent you in litigation or arbitration
Daly & Black, P.C. was named Insurance Litigation Firm of the Year for a reason. We’re not here to play nice, we’re here to win.
The Cost of Going It Alone
If you try to handle a complex fire loss claim without legal guidance, you may:
- Miss critical deadlines or documentation
- Accept a lowball settlement
- Fail to challenge unfair denials
This isn’t just about replacing drywall. It’s about securing the future of your home or business and protecting your peace of mind. Let us carry the fight.
FAQ
What should I do immediately after my home suffers fire damage in Houston?
Ensure everyone is safe, then contact emergency services and your insurer. Document the scene thoroughly with photos and videos. Do not begin repairs until an adjuster inspects the property, and consider consulting a lawyer before making statements.
Why do fire damage insurance claims get denied or delayed?
Common reasons include alleged fraud or arson, disputes over the extent of the damage, missing documentation, and deliberate stalling tactics by insurers. A lawyer can help push back against these efforts and protect your rights.
How can a Houston fire damage insurance claim lawyer help me?
An experienced lawyer can handle communications with your insurer, negotiate fair settlements, uncover bad faith practices, and take legal action when necessary. At Daly & Black, we ensure your claim is taken seriously and that you’re not left to fight alone.
Don’t Let the Insurance Company Burn You Twice
Fire may have taken your home, but it doesn’t have to take your future. At Daly & Black, our Houston fire damage insurance claim lawyers fight to recover what you’re rightfully owed under your policy so you can rebuild, recover, and move forward.Contact us today and schedule a free case review. We go ALL IN. ALL THE TIME.