After a fire, you have one goal: to rebuild. You upheld your end of the bargain by paying your insurance premiums. Now, it’s time for the insurance company to uphold theirs. But the path to payment is not always straightforward. It’s a structured process governed by the specific language in your policy—a contract that dictates what is covered, how it’s valued, and what you must do to prove your loss.
Success requires a methodical approach. It demands a complete inventory of every single item lost, an independent valuation of the damage to your property, and a command of the deadlines and documentation requirements. This is where many Miami property owners find themselves fighting an unexpected second battle.
Our firm exists to manage this entire process for you. We represent policyholders only, ensuring your claim is accurately documented, properly valued, and persistently advanced. If the insurance company refuses to be fair, we are prepared to hold them accountable.
To understand your rights and the next steps in your claim, call us for a no-cost case review at 888-570-5677.
Key Takeaways for Your Miami Fire Damage Claim
- Your insurance policy is a contract with strict rules. You must provide prompt notice of the loss and submit a detailed “Proof of Loss” form, but the insurance company also has obligations, including paying or denying your claim within 90 days of receiving your notice.
- You control who repairs your property. You are not required to use the contractors recommended by your insurance company. Getting independent repair estimates is a good way to ensure the insurer’s offer is sufficient to restore your home to its pre-fire condition.
- “Total loss” has a specific legal meaning in Florida. If your home is declared a total loss from a fire, the Valued Policy Law may require the insurer to pay the full policy limits for the structure, regardless of depreciation. This prevents disputes over the home’s actual cash value.
Why Choose a Lawyer Who Represents Policyholders?
We Level the Playing Field
Your insurance company is a business, which means it must balance paying fair claims with remaining profitable. This creates an immediate conflict. Your focus is on recovering from a disaster; their focus is on managing financial exposure.
Our firm was founded in 2007 for one reason: to give policyholders the same caliber of representation that insurance companies have. We have handled more than 75,000 cases, recovering over $1 billion for homeowners and commercial property owners. We understand the claims process from the inside out.
Our CEO, Anthony M. Lopez, is Board Certified in Civil Trial Law by The Florida Bar. This is a rare specialization, held by a small percentage of Florida attorneys, that requires rigorous testing, extensive trial experience, and peer review. It signifies a tested expert in courtroom advocacy.
You Pay Nothing Upfront
We handle fire damage claims on a contingency basis. Simply put, we only get paid if we recover money for you. There are no upfront retainers or hourly fees. We fund the entire cost of your case—from hiring independent engineers and public adjusters to paying for court costs—and our fee is a percentage of the final settlement or verdict. This arrangement allows you to secure expert representation without watching your savings dwindle.
What Compensation Is Available After a Fire?
The goal of an insurance policy is to restore your property and life to its pre-fire condition. The compensation is broken down into specific categories of coverage.
Dwelling Coverage
This covers the cost to repair or rebuild the physical structure of your home. We hire our own structural engineers and contractors to perform an independent assessment. This is important because the insurer’s initial estimate may overlook hidden damage to your foundation, electrical systems, or plumbing from the fire and the water used to extinguish it.
Personal Property Coverage
This covers all your belongings: furniture, clothes, electronics, and kitchenware. Valuing these items correctly is frequently a source of disagreement.
- Actual Cash Value (ACV): This is the replacement cost of an item minus a deduction for its age and condition.
- Replacement Cost Value (RCV): This is the full cost to buy the item new today. Most policies pay ACV first. The insurer then releases the remaining amount only after you have bought the replacement item and submitted the receipt.
Additional Living Expenses (ALE)
If the fire makes your home uninhabitable, ALE coverage pays for the increase in your living costs. This includes temporary housing, restaurant meals if you can’t cook, and laundry services. You must keep every receipt to prove these expenses.
What Does the Fire Claim Process Actually Look Like?
The insurance claim journey follows a timeline with specific obligations for both you and the insurance company. Here is a simplified breakdown of the steps.
- You Report the Fire: You must notify your insurance company of the loss “promptly.” This initiates the claim.
- The Insurer Responds: Under Florida law, the insurance company must acknowledge your claim within 14 days of receiving notice.
- The Investigation Begins: The insurer assigns an adjuster to inspect the damage and estimate the cost of repairs. At the same time, you will be asked to complete a “Proof of Loss” form, which includes a detailed inventory of every damaged item.
- An Initial Offer is Made: Based on their adjuster’s report, the insurer will make a settlement offer. This offer may be fair, or it might be significantly less than what reputable local contractors quote for the repairs.
- Negotiation or Dispute: If the offer is too low, the negotiation phase begins. We present our own comprehensive damage estimate and evidence to argue for the full amount needed to rebuild.
- Resolution: The insurance company has 90 days to either pay the claim or deny it. If they fail to do so without a valid reason, they may be acting in “bad faith” under Florida law. This can potentially make them liable for damages beyond your policy limits.
Public Adjuster vs. Fire Damage Claim Lawyer: Who Should I Call?
Both public adjusters and lawyers can advocate for you, but they serve different functions.
- A public adjuster is a licensed professional who specializes in assessing property damage and negotiating with the insurance company. They are excellent at documenting a claim and are typically hired at the beginning of the process.
- An insurance lawyer can do everything a public adjuster does, with one key difference: a lawyer can take legal action. If the insurance company denies your claim or refuses to negotiate fairly, only a lawyer can file a lawsuit on your behalf. An attorney can also handle complex legal issues, like determining if the insurer has acted in bad faith.
In some cases, a public adjuster and a lawyer may work together. If you’ve already hired a public adjuster and have reached an impasse with the insurer, bringing in an attorney is the logical next step.
How Do Miami’s Unique Risks Affect My Claim?
Common Fire Risks in South Florida
While fires can start for any number of reasons, some causes are more prevalent in the Miami area:
- Electrical Systems in Older Homes: Historic neighborhoods like Coral Gables and Little Havana have beautiful homes, but many still have outdated electrical wiring that can’t handle the load from modern appliances and air conditioning systems.
- Appliance Corrosion: The salt and humidity in Miami’s air can cause appliances like HVAC units, dryers, and dishwashers to break down faster, increasing the risk of an electrical fire.
- Post-Hurricane Hazards: Improperly placed generators are a common source of fires after a hurricane. Damaged power lines that re-energize with a surge can also ignite a blaze.
Strict Florida Building Codes
If your home has major damage, any repairs must meet the current Florida Building Code, one of the most rigorous in the country. These mandatory and sometimes expensive upgrades might include new wind-resistant windows or raising the elevation of your home. Your policy may or may not provide enough “Ordinance or Law” coverage for these costs. We will analyze your policy to see how these required upgrades are addressed.
What Can You Do From Home to Protect Your Fire Damage Claim?
You don’t need to wait for anyone else to start protecting your claim. Some of the most important steps happen long before an adjuster shows up or a lawyer steps in. Here’s what you can, and should, do from home.
1. Start a Home Inventory Immediately
Even if you’re still shaken, the clock is already ticking. Begin writing down everything that was lost or damaged. Go room by room from memory. Then, go through old photos, text threads, social media posts—anything that helps jog your memory or shows what was in the house.
Try to list:
- What the item was
- When and where you bought it
- How much you paid
- A ballpark replacement cost
This list will be the foundation of your “Proof of Loss” form. The more complete it is, the harder it is for the insurance company to dispute.
2. Take Photos and Video of the Damage
If the home is safe to enter, use your phone to capture everything. Open drawers. Zoom in on scorched walls, ceilings, fixtures. Take wide shots and close-ups. If you have to throw anything away, photograph it first. These images could end up being the most valuable evidence in your claim.
3. Save Every Receipt
If you’re buying food, toiletries, clothes, or paying for a hotel, keep those receipts. If you pay someone to board up a window or tarp the roof, keep those too. These are Additional Living Expenses (ALE), and they are reimbursable under most policies. But only if you can prove them.
4. Don’t Sign Anything Without Reading It Twice
After a fire, you may be asked to sign forms by contractors, public adjusters, or even your insurer. Some of these documents give away more than they should, like assigning your full insurance benefits to someone else. If something feels rushed or confusing, it’s okay to say, “I need time to review this.”
5. Set Up a Claim File
Create one folder (physical or digital) for all communication with your insurer. Save every email, letter, text, or voicemail. Log every call: who you spoke with, when, and what was said. It sounds tedious, but if there’s ever a dispute about what was promised, these notes will back you up.
6. Keep a Journal of What You’ve Lost
If you have to drive extra miles to work or school, note that. If your child can’t do homework because the laptop is gone, write it down. These daily disruptions might not seem like much, but they paint a picture of the impact, and can support your ALE claim.
Frequently Asked Questions About Miami Fire Damage Claims
How long do I have to file a fire damage claim in Florida?
While your policy requires you to report the fire immediately, Florida law generally gives you up to four years from the date of the fire to file a lawsuit if your insurance company breaches the contract. Waiting too long, however, makes it harder to gather evidence and prove your case.
What if the fire was an accident I caused?
You are still covered. Unless your policy contains a specific exclusion for an intentional act like arson, your homeowners insurance is designed to protect you from accidents—even if you were the one who, for instance, left a candle burning.
Should I give a recorded statement to the insurance company?
The insurance company will request a recorded statement to hear your account of the fire. Their questions, however, may be phrased in a way to get answers that could be used to limit your claim. It is always wise to have an attorney prepare you for this and be present during the call.
What if my insurance claim was already denied?
A denial is not the final word. Insurers sometimes deny claims based on incomplete information or an incorrect interpretation of the policy. We can review the denial letter, your policy, and the facts of your case to determine if there are grounds to reopen the claim and challenge the decision.
What is smoke and soot damage, and is it covered?
Even if the fire was contained to one room, smoke and soot can travel throughout your home, clinging to walls, furniture, and ductwork. This acidic residue can cause permanent staining, corrosion, and persistent odors. Smoke and soot damage is a direct result of the fire and is typically covered under your policy, but it requires specialized cleaning and documentation.
You Have a Right to a Fair Settlement. We Make Sure It’s Honored.
That insurance policy is a promise you paid for. It’s a promise to be there when things go wrong. Our job is to make sure that promise is honored in full.
You do not have to accept a lowball offer, and you do not have to take on this fight alone. You have rebuilt your life before, and you will do it again. Let us handle the insurance company.
Let’s talk about the next step. Call Your Insurance Attorney for a free, confidential review of your case at 888-570-5677.
