How To File A Fire Injury Claim: Steps You Should Know

A fire can be a devastating event, leaving behind not only physical damage but also serious injuries. If you or a loved one has been injured in a fire, the path to physical, emotional, and financial recovery can be challenging. Understanding the fire injury claim process is a critical first step toward securing the compensation you need to rebuild your life.

This guide outlines the key stages involved, from the immediate aftermath of the fire to the potential for a lawsuit.

Steps In a Fire Injury Claim Process

Phase 1: Immediate Actions and Evidence Preservation

The moments following a fire are crucial for both your well-being and the strength of any future legal claim.

1. Seek Immediate Medical Attention: Your health is the top priority. Even if injuries seem minor, it is essential to be evaluated by a medical professional. Smoke inhalation, burns, and other fire-related injuries can have delayed symptoms. A thorough medical examination documents your injuries and their connection to the fire, which is vital evidence for your claim.

2. Report the Fire: If you haven’t already, report the fire to the appropriate authorities, such as the fire department and the police. Obtain a copy of the official fire incident report as soon as it is available. This report will contain important initial findings about the cause and origin of the fire.

3. Preserve the Scene (As Much as Safely Possible): Do not disturb the scene of the fire until it has been officially released by investigators. If it is safe to do so, take extensive photographs and videos of the damage to the property, your injuries, and any potential causes of the fire you might observe.

4. Document Everything: Begin a detailed record of everything related to the fire and your injuries. This includes:

• Medical Treatment: Keep all medical records, bills, and receipts for medications and therapies.
• Lost Wages: Document any time missed from work and the resulting loss of income.
• Property Damage: Create a detailed inventory of all damaged or destroyed personal belongings, including their estimated value.
• Communications: Keep a log of all conversations with insurance companies, investigators, and any other relevant parties. Note the date, time, person you spoke with, and a summary of the conversation.

Phase 2: The Insurance Claim Process

For many, the first avenue for injury compensation is through insurance. Often, a burn or fire victim is too seriously injured to initiate or participate in the cause-and-origin investigation of a fire. If that’s the case, here are the recommended steps a family needs to follow on the victim’s behalf:

5. Notify The Insurance Company: Promptly notify the homeowner’s, renter’s, or landlord’s insurance company about the fire and the injuries. Be prepared to provide them with the victim’s policy number and basic details about the incident.

6. Cooperate with the Insurance Adjuster: The insurance company will assign an adjuster to the injury claim. They will investigate the fire, assess the damage, and determine the value of your losses. It is important to cooperate with their investigation, but be cautious about what you say. Avoid admitting any fault or speculating on the cause of the fire.

7. Understand The Policy: Carefully review the insurance policy to understand the coverage limits for property damage, medical expenses, and additional living expenses if you are displaced from your home.

8. Negotiate a Fair Settlement: The initial settlement offer from the insurance company may not fully cover your losses. Negotiations can be tough and it is recommended to hire a lawyer specializing in burn injuries to negotiate. Look for lawyers that offer  free consultations and contingency fees to begin your search.

Phase 3: The Legal Claim and Potential Lawsuit

If the fire was caused by someone else’s negligence, you may have grounds for a personal injury lawsuit. This is a separate process from your insurance claim. You can sue the at-fault party for fair compensation in such a scenario.

9. Consult with a Fire Injury Attorney: An experienced attorney can evaluate your case, advise you of your legal options, and help you navigate the complexities of the legal system. They will work to identify all potentially liable parties, which could include a landlord, property owner, manufacturer of a faulty product, or a contractor.

10. Investigation and Determining Liability: Your attorney will conduct a thorough investigation to determine the cause of the fire and who is at fault. This may involve hiring experts such as fire investigators and engineers to examine the evidence.

11. Filing a Lawsuit: If a settlement cannot be reached with the at-fault party’s insurance company, your attorney will file a personal injury lawsuit. It is crucial to be aware of the statute of limitations, which is a legal deadline for filing a lawsuit. This time limit varies by state and the specifics of your case. An attorney will ensure your claim is filed within the required timeframe.

12. Settlement Negotiations or Trial: Most personal injury cases are settled out of court through negotiations. Your attorney will advocate on your behalf to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages. If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will determine the outcome.

If you have been burnt in any type of accident, it is important that you contact a lawyer immediately. Because evidence often disappears or decays, the scene of the accident must be reviewed as soon as possible by an attorney. The more quickly an attorney can record the scene of the accident, the stronger your case gets.

The burn injury lawyers at the firm of Davis, Saperstein, & Salomon, P.C., handle burn injury claims throughout the state of New Jersey as well as New York. We have decades of experience helping accident victims and their families. We use expert witnesses and accident reconstruction specialists to help prove your case and seek the largest recovery possible.

To schedule a free consultation, call (800) LAW-2000 or use our online form.