Birmingham Fire and Smoke Damage Claim Lawyers
Representing policyholders in fire-related insurance disputes in Alabama
A fire near or in your home can be a devastating event, leaving you reeling from the emotional shock and facing a mountain of repairs. Smoke damage can be just as insidious, spreading far beyond the flames and causing hidden problems. When your insurance company denies your claim or offers a settlement that falls far short of the true cost of recovery, the added stress can feel overwhelming. The experienced Birmingham fire and smoke damage claim attorneys at McWherter Scott & Bobbitt are here to help. We understand the complexities of insurance policies and the tactics insurance companies often use. Let us fight for the fair compensation you deserve to get your life back on track.
Why should I choose your Birmingham fire claim dispute lawyers?
At McWherter Scott & Bobbitt, we take pride in helping people just like you after fire, smoke, and ash damage your property. Some of our results include:
- $3.9 million: Industrial Facility v. AXIS Surplus Ins. Our firm represented a West TN business owner after a fire loss and, after a lengthy battle, obtained a total settlement of more than $3.9 million for loss of business income and extra expense.
- $1.7 million: We helped a condominium complex defend an appraisal award after three fire losses and ultimately obtained the client a settlement for a supplemental payment of more than $1.7 million.
- $950K: John Doe v. (Certain Underwriters) at Lloyds (United States District Court for the Middle District of Tennessee). We represented the owners of a restaurant damaged by a fire. The insurance carrier originally denied the claim but ultimately settled for $950,000+.
In the aftermath of a fire, our law firm can be a strong advocate on your side, helping you navigate the complexities of insurance claims and recover the compensation you deserve. Here's how we can assist you:
- Understanding your coverage: Fire insurance policies can be intricate documents with specific exclusions and limitations. Our lawyers will meticulously examine your policy to ensure you understand exactly what damages are covered and what steps you need to take to file a proper claim.
- Negotiating with your insurer: Insurance companies may try to undervalue your claim or deny it altogether, citing reasons like policy exclusions or preexisting damage. Our experienced negotiators will fight for a fair settlement that reflects the full cost of repairs and replacements, including smoke damage and hidden issues.
- Documenting your losses: A strong claim relies on comprehensive evidence. We're here to help you gather crucial documentation like repair estimates, fire department reports, receipts for temporary housing, and photographs of the damage to support the severity of the fire and its effects on your life.
- Appealing a denied claim: If your initial claim is denied, we can guide you through the appeals process, ensuring you follow all proper procedures and present a compelling case for reconsideration.
- Legal representation in court: In some cases, litigation may be necessary to secure the compensation you're entitled to. Our lawyers can represent you in court, protecting your rights and arguing your case before a judge.
By handling the legal aspects of your fire insurance claim, we can alleviate some of the burden you're facing. This allows you to focus on rebuilding your life and recovering from this difficult experience.
How often do fires happen in Alabama?
The US Fire Administration reports 4.2 deaths and 6.8 injuries per every 1,000 fires in Alabama. The national average is 2.3 deaths and 7.2 injuries. Residential structure fire casualties include 12.2 deaths and 20.8 injuries per every 1,000 fires. The national average is 6.5 deaths and 20.9 injuries.
There were 108 fire fatalities here in 2022 when Alabama made the top five in the nation for fatalities from house fires. Per AL.com:
Most - if not all - of Alabama’s fire deaths come from home fires, Pilgreen said. The U.S. Fire Administration tracks home fire deaths, and according to that data, Alabama saw 66 home fire deaths in 2022, and 45 so far in 2023. Those numbers put Alabama inside the top five in the nation for house fire deaths per capita for both 2022 and 2023.
Scott Pilgreen, Alabama’s state fire marshal, says that fires are preventable: “In my view, all of them are preventable.”
The National Fire Protection Association (NFPA) reports, “In 2022, local fire departments responded to an estimated 1.5 million fires in the United States. These fires caused 3,790 civilian fire deaths, and 13,250 reported civilian fire injuries. The property damage caused by these fires was estimated at $18 billion.” They also note the following statistics:
- A fire department responds to a fire somewhere in the United States every 21 seconds.
- “More than one-third of the fires (522,500 — or 35 percent) occurred in or on structures. Most of the fire losses were caused by these fires, including 2,790 of the civilian fire deaths (77 percent); 11,720 of the civilian fire injuries (88 percent); and $15 billion of the direct property damage (83 percent).”
- Only one-quarter of fires occurred in homes, yet these fires caused almost three-quarters of the civilian fire deaths (72 percent) and injuries (75 percent).
- A civilian was fatally injured in a fire every two hours and 19 minutes.
- Every 40 minutes, a civilian suffers a non-fatal injury in a fire.
What causes fires in Birmingham?
Fires can be caused by a wide range of factors, which can be broadly categorized as intentional or unintentional. Here's a breakdown:
Unintentional fires: These are the most common and can stem from various sources:
- Electrical issues:Faulty wiring, overloaded circuits, and malfunctioning appliances are all prime suspects.
- Cooking mishaps:Leaving food unattended, improper cooking methods, and grease fires are frequent culprits.
- Unattended heating sources:Forgotten fireplaces, space heaters left on, and malfunctioning furnaces all pose a risk.
- Flammable materials:Improper storage of flammable liquids, combustible decorations, and spontaneous combustion of certain materials can ignite fires.
Intentional fires: These fires are less frequent but raise significant questions for insurance coverage. They can include:
- Arson:Deliberately setting a fire for personal gain (like fraud) or revenge.
- Vandalism:Malicious acts like throwing fireworks or using Molotov cocktails.
- Negligence with intent:Engaging in risky behavior with disregard for the potential fire hazard (e.g., leaving flammable liquids near an open flame).
State Farm also notes:
Cooking is the leading cause of home fires in the United States, starting almost half of all fires. Heating is the second highest cause, followed by electrical systems/lighting equipment and intentional fires. Smoking is the fifth highest cause, but is the leading cause of civilian home fire deaths. Candles are also a significant cause and are responsible for approximately 20 home fires reported every day.
What damage can fires cause in Birmingham?
Fires cause a devastating ripple effect of damage that goes beyond the immediate flames. Here's a breakdown of the different types of damage fires can inflict:
- Structural destruction:The most evident damage is the destruction of buildings, infrastructure, and personal belongings caught directly in the flames. This can range from furniture and appliances to entire houses and buildings.
- Warped and melted materials:Even items not directly touched by flames can be damaged by intense heat. Wood can warp, metals can melt, and plastics can deform.
- Smoke stains:Heat can cause smoke to adhere to surfaces, leaving stains on walls, ceilings, and belongings.
- Soot residue:Smoke leaves behind a sooty residue that can stain surfaces and permeate fabrics, requiring extensive cleaning or potential replacement.
- Odor permeation:Smoke odors are notoriously difficult to remove and can linger for months, requiring professional cleaning or demolition.
- Water damage:Extinguishing a fire often involves significant water use, which can damage structures and belongings not directly touched by flames.
- Wildfires:Large-scale fires can devastate ecosystems, destroying vegetation, disrupting wildlife habitats, and impacting air and soil quality.
- Loss of belongings:Fires can destroy irreplaceable items with sentimental value, causing emotional distress.
- Displacement:Fire damage can render homes and businesses unlivable, forcing people to relocate and rebuild their lives.
The severity of each type of damage depends on the size and intensity of the fire, the materials involved, and the firefighting efforts. It's important to remember that fires have far-reaching consequences, affecting not just property but also health, the environment, and emotional well-being.
What should I do after a fire in Birmingham?
Your safety should be the first priority. Make sure everyone is out of the building and call 911 immediately. Don't re-enter a burning structure.
- Document the damage:Once it's safe, take photos and videos of the fire damage, including the remains of the fire origin and the extent of damage to your property and belongings.
- Secure the property:Take reasonable steps to prevent further damage from weather or vandalism. Board up windows, and secure a tarp over the roof if necessary.
- Cooperate with authorities:Cooperate with fire marshals investigating the cause of the fire. However, avoid making any statements that could be construed as admitting fault.
- Contact your insurance company:Notify your insurance company as soon as possible, but remember, you are not obligated to give a detailed statement immediately. Our lawyers can help you with this and communicate with the insurance company on your behalf.
- Review your policy:Carefully examine your insurance policy with our attorneys to understand your coverage and the claims process.
- Don't discuss the fire in detail:Avoid discussing the cause of the fire or admitting fault with the insurance adjuster until you have spoken with your attorney.
- Keep records of all expenses:Maintain receipts for any temporary living expenses or necessary repairs you incur after the fire.
Remember, insurance companies are looking for reasons to deny or minimize claims. An offhand remark or an assumption about the cause of the fire could be used against you later. The Birmingham fire damage claim attorneys at McWherter Scott & Bobbitt can guide you through the claims process and fight for the full coverage you deserve.
What if a wildfire causes damage in Birmingham?
In some cases, it’s possible to recover compensation, even if the damage results from a wildfire. McWherter Scott & Bobbitt works with clients to determine whether their insurance policies offer coverage for the damage a wildfire and smoke can cause to property. For instance, you might have coverage under your homeowner's policy, or in the case of a commercial property, your business insurance might apply. Umbrella policies and separate wildfire policies may also be useful.
Forbes Advisor states that there might be policy exclusions for those living in an area known for wildfires. Birmingham does face significant wildfire dangers, with about 90% of buildings falling into the risk zone.
Insurance coverage that includes wildfire damage for homeowners should include:
- The dwelling. Coverage should include rebuilding and replacement costs for the main structure and attached structures. It can be helpful to obtain extra coverage, such as “guaranteed cost” coverage, which can be useful if the cost of materials or labor increases.
- Unattached structures. A percentage of the structural coverage, perhaps 10%, for instance, may apply to unattached structures, including garages, fences, or outdoor pools.
- Possessions and personal property. Wildfires that destroy homes often destroy a great deal of property within those structures. The policy may cover many of those items, so it’s good to have an inventory.
- Temporary living expenses. Homeowners who lose their homes in wildfires will need a place to live until their new, rebuilt home is habitable. Businesses that are destroyed may need to operate in a different location as well. The policy may offer coverage for some of those related costs.
- Business interruptions. Business interruption coverage can help pay fixed costs, including payroll until the new business location is ready. Business loss insurance may also cover some of your lost profits.
- Damage to trees, lawns, plants, and shrubs can be costly. The policy may help cover some of these losses as well.
Our Birmingham wildfire lawyers also offer representation to large property owners, such as condominium complexes, homeowners’ associations, and apartment buildings.
Our Birmingham, Alabama, fire damage claim attorneys can help
If you've been caught in the devastating aftermath of a fire, navigating the complexities of insurance disputes can add insult to injury. Remember, you don't have to face this battle alone. At McWherter Scott & Bobbitt, our seasoned team of Birmingham insurance dispute attorneys is here to fight for your rights and ensure you receive the compensation you deserve. We understand the intricacies of fire-related claims and are dedicated to advocating for you every step of the way. Don't let insurance companies deny or delay your rightful coverage. Contact us today, and let us help you rebuild and move forward confidently. To schedule a meeting with a dedicated attorney, call our offices or fill out our contact form. Our attorneys are licensed in Alabama, Tennessee, Kentucky, Arkansas, Mississippi and Missouri.