Although you might possess a straightforward homeowners insurance policy, many factors can come into play that complicates the claim-filing process. Hiring an insurance lawyer to provide legal support after a house fire is a good idea for several reasons.
Determines Cause
One of the first items on the agenda to discuss during a free case evaluation involves determining the cause of the house fire. Determining the cause helps your insurance lawyer to decide whether to file a civil lawsuit that seeks monetary damages because another party committed one or more acts of negligence. Your lawyer reviews the information presented in the official police report, which typically includes an assessment that discusses possible causes. In addition to reviewing the official police report, the insurance attorney that you hire from Morgan and Morgan works closely with one of our licensed investigators to collect physical evidence and interview witnesses.
Calculate a Fair Value for Compensation
The most common reason why insurance adjusters deny claims and judges dismiss civil lawsuits concerns the submission of an unreasonable value for compensation. Your insurance attorney considers several factors when calculating a fair value for compensation. First, your insurance attorney from Morgan and Morgan adds up the tangible costs associated with the house fire, such as medical bills and the value of property damage. To ensure calculating a reasonable value for property damage, your attorney refers to the expertise of a professionally trained property assessor.
Another factor to consider is the emotional toll a house fire can take on you and your family. Many victims of a catastrophic event like a house fire develop the symptoms of Post-Traumatic Stress Disorder (PTSD), which produces several debilitating systems such as recurring nightmares, unmanageable anxiety, and even the signs associated with depression. Your insurance lawyer calculates a fair value for non-monetary damages by using a formula that factors in the value of economic damages.
Acts as an Intermediary With the Insurance Adjuster
One inconvenient truth regarding insurance companies is that they prefer to deal with policyholders who do not hire an attorney to provide legal support during the claim process. If you do not receive legal support from an experienced insurance attorney, the insurance adjuster might deny a valid homeowners insurance claim or approve a claim that is worth much less than you deserve for compensation. In addition to ensuring the insurance adjuster processing your claim treats it fairly, your insurance lawyer also interacts with the insurance adjuster as your representative. This means you can tend to other matters, such as refurbishing your home, or if it is beyond repair, finding a new place to live.
Another important type of legal support provided by an insurance attorney is to monitor the progress of your claim.
Negotiate a Settlement
If the insurance adjuster processing your claim denies it or approves it for a value well below what you deserve in compensation, you do not automatically have to take your claim to the appeal phase of the process. Instead, your insurance lawyer tries to negotiate a settlement with the insurance adjuster.
Negotiations start when your lawyer submits an initial offer, which is found inside the claim form. The insurance adjuster can either accept or reject the initial offer. If the insurance adjuster rejects the initial offer, you might receive a counteroffer or a letter stating the insurance company’s intent to go through the claim appeal process. Several rounds of counteroffers might follow the initial offer until both parties reach an agreement or decide to end negotiations.
Prove Negligence
If your insurance lawyer determines one or more acts of negligence caused the house fire, your attorney must prove to the court the presence of the four elements that define negligence. The first element is called duty of care, which means your insurance lawyer must show the other party owed you a duty of care to prevent a fire from causing injuries and damaging your home. Second, your lawyer must prove the other party breached the duty of care doctrine by committing at least one act of negligence. Third, you must demonstrate the house fire caused injuries and property damage. Fourth, the injuries and property damages must have resulted in financial losses.
File a Lawsuit Before the Deadline
If your insurance attorney decides to file a civil lawsuit that seeks monetary damages, you must file the lawsuit before the expiration of the statute of limitations. Every state establishes a deadline for filing a civil lawsuit that seeks monetary damages. Instead of waiting until the last minute to take legal action, you should take swift legal action as soon as possible after the house fire. If you fail to file a civil lawsuit before the expiration of the statute of limitations, you can expect the court clerk processing the lawsuit to dismiss it.
Hiring an experienced insurance attorney ensures you file a civil lawsuit long before the expiration of the statute of limitations.
Contact Morgan and Morgan for Help
Although we have reviewed how to detect the signs of electrical fire, you may have already been injured in an accident due to someone else’s negligence. If that is the case, don’t hesitate to act with the help of an experienced lawyer.
Schedule a free case evaluation today to learn more about how a Morgan and Morgan insurance attorney can help you.