Can I File a Claim for Smoke Damage After a Wildfire?

Posted on November 16, 2021

Fire damage is not the only risk associated with wildfires. The smoke from a wildfire itself can also cause significant damage, including permanent property discoloration and odors. If your home or business sustains smoke damage from a wildfire in California, you may be eligible for compensation from an insurance company for cleanup and repairs. You may also have grounds to file a personal injury lawsuit, depending on the circumstances so speak with a California wildfire attorney as soon as possible following a wildfire.

What Are Common Types of Smoke Damage From a Wildfire?

Smoke is a collection of gases and particles that become airborne when a material burns or combusts. Smoke can contain many different chemicals, toxins and pollutants that are sent into the air when an item burns. Breathing in smoke can cause many types of physical harm, including respiratory problems and cardiac arrest. When smoke infiltrates a home, it can cause many different types of property damage. Common types of smoke damage in a wildfire include:

  • Ash and soot damage
  • Discoloration of walls, paint or siding
  • Window or roof damage
  • Furniture damage
  • Carpet, curtain and upholstery damage
  • Damage to personal possessions
  • Unpleasant odors
  • Landscaping damage
  • Vehicle damage
  • Expensive clean-up processes
  • Injuries or illnesses from smoke inhalation 

Many types of property damage from smoke are irreversible and require thousands of dollars in property replacements. Whether you suffered property damage or physical injuries from smoke from a wildfire, you may be able to file a claim in pursuit of financial compensation for your losses. You could be eligible for money to pay for professional cleaning, restoration, repairs, property replacement, medical bills, and more. 

How To File a Homeowners Insurance Claim for Wildfire Smoke Damage

If your home was exposed to smoke or ash from a wildfire, start the recovery process by documenting any related damage. Take photographs and videos of your damaged property when it is safe to return home. You should have your property professionally inspected and tested for smoke damage, as the damage may not be immediately obvious. Some types of smoke damage are invisible to the naked eye but can be discovered with special tests. 

Your insurance company will send someone to inspect your home and determine the value of your losses. If you have reason to believe that the insurance company is not conducting a fair inspection or the proper testing, ask the insurance company to hire an outside inspector instead. If the insurance company refuses to pay for this, you can push for reimbursement by contacting the California Department of Insurance.

After the inspection is completed, the insurance company should provide a settlement that adequately pays for your necessary property repairs. If your insurance company attempts to wrongfully deny your claim or offer less than you believe your claim is worth, you may need assistance from an attorney to go up against the insurance corporation in pursuit of a fair settlement.

Do You Need a Fire Damage Lawyer?

A wildfire damage attorney in California can help you file an insurance claim for smoke damage, prove your losses and argue for maximum financial compensation. With a lawyer by your side, you can improve the odds of recovering enough for the full value of your property repairs or replacement. Your attorney will advocate for the recovery of the funds that you and your family need to ensure the safety of your home and move forward. A lawyer can also help you explore the option of filing a personal injury lawsuit.

You may have grounds for a wildfire smoke lawsuit if an investigation finds that a person or party was negligent in starting a wildfire. For example, the utility company Pacific Gas & Electric (PG&E) has been found liable for several major wildfires in California over the last few years and may have caused the Dixie Fire. A lawsuit against a utility company or another party for causing a wildfire could result in greater financial compensation for your property damage or personal injuries than an insurance claim. Contact Panish | Shea | Ravipudi LLP today for more information.

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