A fire doesn’t need to destroy your home to cause devastating loss. In fact, smoke damage often spreads farther and costs more to clean than the fire itself. When that happens, many policyholders in New Orleans discover a second crisis: an insurance company that refuses to pay what they’re owed.
At Daly & Black, our New Orleans smoke damage insurance attorneys help homeowners and business owners fight back. We don’t let insurers downplay, delay, or deny legitimate smoke damage claims. We go ALL IN to pursue the full compensation owed to you under your policy.
Schedule your free smoke damage claim consultation today.
The Hidden Costs of Smoke Damage
Most people think of fire loss as scorched walls and burned belongings. But smoke damage can quietly ruin a property in ways you may not notice at first:
- Soot and residue cling to walls, ceilings, and vents
- Odor contamination persists long after the fire is out
- Electronics corrode from smoke exposure
- Soft goods like curtains, carpets, and clothing absorb smoke and become unusable
- Long-term structural damage occurs if smoke particles are not properly removed
Smoke damages every corner of your home or business, from closets and HVAC systems to pantries and electrical panels. Cleanup often requires professional remediation that can cost tens of thousands of dollars.
Yet insurance companies routinely dispute smoke damage claims, calling them “cosmetic” or offering partial payments far below the cost of repair. That’s where Daly & Black steps in.
Is Smoke Damage Covered by Insurance?
Most homeowner and commercial property insurance policies cover smoke damage. But getting your claim paid is rarely straightforward. Insurance companies often dispute the severity of the damage, claiming it’s not as extensive as you report.
They may classify smoke damage as mere “normal wear and tear,” or argue that full remediation or replacement of affected items is unnecessary. Even when they acknowledge the damage, insurers frequently use depreciation to reduce the payout.
In Louisiana, La. R.S. § 22:1892 requires insurers to act in good faith and settle claims fairly. But that doesn’t stop them from exploiting policy language, applying exclusions, or manipulating the process to minimize payouts.
If your insurer is playing games with your smoke damage insurance claim, Daly & Black can help you level the playing field.
Common Reasons Smoke Damage Claims Get Denied or Delayed
Insurance companies prioritize their own bottom line. The less they pay out in claims, the more profit they keep. That’s why they use several strategies to avoid paying full value for smoke damage insurance claims, including:
- Downplaying the extent of smoke damage
- Disputing the cost or scope of cleanup
- Accusing policyholders of not acting quickly enough to prevent further damage
- Denying claims based on alleged pre-existing conditions
- Delaying in order to frustrate policyholders into accepting lowball settlements
- Offering “final settlements” that don’t reflect the real cost of remediation
If you’re facing these obstacles, you need an aggressive legal team that knows how to fight back.
Immediate Steps to Take After Smoke Damage
If your property has suffered smoke damages, here are the steps you should take to protect your claim:
1. Document Everything
Take detailed photos and videos of every affected area. Create a complete inventory of damaged belongings, including:
- Item descriptions
- Brand names and serial numbers
- Purchase prices
The more thorough your documentation, the stronger your claim.
2. Get the Fire Report
Even if your property only suffered smoke damage, the fire report is essential. It documents the date, time, source, and extent of the incident. Your insurance company will require this report during the claims process.
3. Contact a Smoke Damage Insurance Attorney
Before you negotiate with your insurer, call Daly & Black. If the insurance company starts applying exclusions or offers a lowball settlement, it’s time to bring in legal counsel. We protect your rights from day one.
How Daly & Black Helps With Smoke Damage Insurance Claims
When you hire Daly & Black, you’re not just getting a lawyer, you’re gaining a team that takes swift, strategic control of your claim from day one. We handle every step of the process with one goal in mind: to recover what was promised to you in your policy.
Immediate Action and Policy Review
We start by reviewing your insurance policy line by line, identifying where your coverage applies and where the insurer may try to dispute your claim. At the same time, we help you coordinate immediate needs like temporary housing and emergency repairs, protecting you from further loss.
Comprehensive Investigation and Documentation
Next, we launch an in-depth investigation into the true scope of your smoke damage. We bring in independent experts to assess losses, including hidden damage like HVAC contamination or long-term smoke residue. We ensure that every piece of property loss is documented, valued, and included in your claim.
Aggressive Negotiation and Litigation
Once your case is built, we confront the insurance company head-on. We negotiate from a position of strength, pushing back against delays, denials, and lowball offers. If necessary, we take the battle to court. At Daly & Black, every claim is prepared for trial from the start, because that’s how serious we are about getting you the results you deserve.
With Daly & Black, you don’t pay unless we recover compensation for you.
Why Choose Daly & Black?
At Daly & Black, we bring more than just legal experience to your case, we bring results. Repeat nominee and winner of Insurance Litigation Firm of the Year and known for record-setting verdicts and settlements, our firm has earned a national reputation for taking on powerful insurance companies and winning.
We have deep knowledge of New Orleans insurance disputes, and we understand the unique challenges Louisiana policyholders face. When your insurance company tries to shortchange you, we don’t back down. We are ALL IN. ALL THE TIME. for our clients, prepared to fight relentlessly for the compensation you deserve.
FAQ
Is smoke damage covered by my homeowner’s insurance in New Orleans?
In most cases, yes. Homeowners’ insurance policies usually cover smoke damage, but insurers often dispute how much they owe for cleaning, repairs, or replacement of smoke-affected items.
What should I do if my insurer denies my smoke damage claim?
Contact a New Orleans smoke damage insurance attorney immediately. Daly & Black will review your claim, gather supporting evidence, and fight to overturn wrongful denials or underpayments.
How can a smoke damage insurance attorney help with my claim?
We handle everything from filing and negotiating claims to litigation if needed. We work with experts to document your loss, calculate your true damages, and force the insurer to honor their obligations.
Get the Legal Firepower You Need to Win Your Smoke Damage Claim
Smoke damage claims are complicated, and insurance companies know it. That’s why they try to delay, underpay, or outright deny what you’re owed. But you don’t have to face them alone. With Daly & Black, you have an aggressive legal team ready to fight for every dollar your policy promises.Don’t settle for less. Call Daly & Black today to schedule your FREE consultation with a New Orleans smoke damage insurance attorney. Let us take the pressure off you and put it squarely on the insurance company—where it belongs.