New Orleans

Fire Damage Lawyers

A fire can damage a home or business in minutes, and the loss often extends beyond the areas that burned. Smoke, soot, water used to put out the fire, and damaged contents can all add to the cost of repairs and the time you are unable to use the property.

At The Voorhies Law Firm, our New Orleans fire damage lawyers represent homeowners and business owners whose fire insurance claims have been delayed, underpaid, or denied. We focus on reviewing the policy, documenting the full extent of the loss, identifying any party responsible for the fire, and pursuing the full amount owed under the policy and Louisiana law.

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What Is a Fire Damage Claim?

A fire damage claim arises when a home, business, or other property is damaged by fire and the owner seeks payment under a homeowners, renters, landlord, or commercial property policy. These cases fall within the broader area of property damage claims. Most are first-party claims, meaning the claim is made against your own insurer under the terms of your policy.

Depending on the policy, a covered fire loss may include damage to the structure, smoke and soot damage, water damage from firefighting, damaged contents, debris removal, additional living expenses while you are displaced, and lost business income for a commercial property.

If another party caused the fire, such as a contractor, an appliance manufacturer, or a neighboring property owner, there may also be a separate negligence or product liability claim against that party.

How Louisiana Law Applies to Fire Damage Claims

Fire damage claims are governed mainly by the Louisiana Insurance Code, along with Louisiana negligence law when another party caused the fire. The rules that apply depend on the policy, the cause of the fire, and the date of the loss.

La. R.S. 22:1892

Insurers must generally begin adjusting a property damage claim within 14 days of notice and pay the amount due within 30 days of satisfactory proof of loss. An insurer whose failure to pay is arbitrary, capricious, or without probable cause may owe a penalty of 50% of the amount due (or $1,000, if greater), plus economic damages, attorney fees, and costs.

Fire-specific protections under La. R.S. 22:1892(A)(5), (B)(2), and (F)

Insurers must provide a copy of the field adjuster report within 15 days of a request and include general contractor overhead and profit when a contractor’s services are reasonably foreseeable. The 30-day payment deadline is suspended while a fire is under active arson investigation.

Louisiana Valued Policy Law, La. R.S. 22:1318

If the insurer used a stated value on your home or building to set your premium, a covered total loss must generally be paid at that value, unless the policy and application clearly state a different method. The law does not apply to builders’ risk or blanket-form policies.

La. R.S. 22:868(B)

A policy cannot give you less than 24 months from the date of loss to sue your insurer on a first-party claim. Under a 2026 amendment, insurance payments do not extend that deadline.

Louisiana Civil Code arts. 2315, 3493.1, and 3493.2

If another person’s or company’s fault caused the fire, you may have a separate negligence claim. For damage sustained on or after July 1, 2024, these claims generally must be filed within two years, and for damage to immovable property, that period runs from when the owner knew or should have known of the damage. Fires caused by defective products may also fall under the Louisiana Products Liability Act.

The Fire Damage Claim Process Step by Step

STEP 1

Review the policy and claim history

We review your declarations page, coverage limits, loss settlement provisions, and any denial or reservation of rights letters to determine what the insurer owes and where the dispute lies.

STEP 2

Protect your claim record

Fire claims often involve sworn proofs of loss, recorded statements, and examinations under oath. We review what the insurer is requesting, help you respond accurately and on time, and request the field adjuster report when it may help your claim.

STEP 3

Document the full loss

Depending on the case, we may work with contractors, engineers, and other consultants to evaluate structural damage, smoke and soot contamination, water damage, code upgrade costs, and damaged contents, so the claim reflects the actual cost of restoring the property.

STEP 4

Investigate the cause of the fire

Evidence can be lost quickly after a fire. We may review fire department and fire marshal reports, photographs, electrical or appliance evidence, and witness accounts to determine whether another party may be responsible.

STEP 5

Pursue the full amount owed and work toward resolution

We present a documented demand and negotiate with the insurer, including through appraisal when appropriate. If the claim cannot be resolved fairly, we prepare it for litigation, including claims for bad faith penalties and attorney fees where the law allows.

Types of Fire Damage Cases We Handle

The Voorhies Law Firm handles fire damage claims for residential and commercial property owners across New Orleans and Louisiana. Depending on the circumstances, our representation may include:

  • House Fires
  • Commercial and Business Property Fires
  • Apartment and Rental Property Fires
  • Electrical and Appliance Fires
  • Smoke and Soot Damage
  • Total Loss and Valued Policy Disputes

When a fire also causes serious burn injuries or a death, injured people and surviving family members may have claims beyond the property loss. Our attorneys can evaluate those rights along with the firm’s burn injury and wrongful death practice.

Results

Behind every fire case is a person or family dealing with property loss, displacement, and sometimes serious injury after something went wrong. We build the case around what caused the fire, what was lost, and who is responsible for it.

The Voorhies Law Firm has recovered over $100 million for our clients, including a $7.5 million recovery in a burn injury case, a $6.25 million settlement in a premises liability case involving serious burn injuries, and a $3.75 million unanimous jury verdict on behalf of a young burn victim.

Results

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What Our Clients Say

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“Everyone at this law firm from office workers, assistants, paralegals, associates and William himself treated me with concern and was very attentive to all my questions . I highly recommend William and his firm to anyone needing answers to questions about any injuries you may have gotten through the fault of others . They truly care about the person they represent and are willing to go the extra mile while answering all your concerns .” – Joanne L.

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“Exceptional service from start to finish. The team was highly professional, incredibly responsive, and entirely dedicated to achieving the best possible outcome. Truly outstanding service and I wouldn’t hesitate to work with them again!” – Renee W.

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“I’m grateful for the support and dedication Mr William and his team at Voorhies Law Firm showed me throughout my case. They took time to explain everything and always kept me informed throughout the process. I was able to obtain the results I hoped for. Thanks to their hard work. I would most definitely recommend Voorhies Law Firm.” – Lori

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“The people we worked with were very helpful in solving our claim. We are grateful for the dedication they committed to our legal case.” – Tina W.

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“Had a great experience working with The Voorhies Law Firm. They kept communication lines open, and really helped me through a difficult time. I highly recommend them!” – Ashley D.

Why Choose The Voorhies Law Firm for a Fire Damage Claim?

At The Voorhies Law Firm, our fire damage lawyers focus on understanding the policy, documenting the full extent of the loss, and holding insurers to the deadlines and obligations Louisiana law imposes.

If your home or business was damaged by fire and your insurer has delayed, underpaid, or denied your claim, The Voorhies Law Firm can help you understand your coverage and the options available for pursuing the full amount owed. We handle property damage cases on a contingency fee basis, so there is no fee unless we recover for you. Acting early can also help preserve evidence and avoid missed policy or filing deadlines.

Frequently Asked Questions About Fire Damage Claims in New Orleans

Take reasonable steps to prevent further damage, such as tarping the roof or boarding up openings, and keep your receipts. Avoid throwing out damaged items or removing materials until they have been photographed and documented, ideally after the insurer inspects.

Louisiana law pauses the payment deadline while a fire is under active arson investigation, but an insurer raising the issue does not decide the claim. We can review the investigation, the insurer’s evidence, and your rights under the policy.

Many policies cover smoke damage and firefighting water damage as part of the fire loss, but coverage depends on the policy language. Smoke and soot are not always visible, so proper testing and documentation can affect the value of the claim.

It depends on the claim and the parties. A lawsuit against an insurer over a New Orleans property may proceed in the Civil District Court for the Parish of Orleans or the U.S. District Court for the Eastern District of Louisiana. The right court depends on the parties involved and the amount in dispute.

Many Louisiana policies allow two years from the date of the fire to sue the insurer, the minimum La. R.S. 22:868 permits. Claims against a third party who caused the fire generally have a two-year deadline as well. Insurance payments do not extend the deadline to sue, so the applicable deadline should be confirmed early based on the policy, the cause of the fire, and the type of claim.

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    1100 Poydras Street, Suite 2810, New Orleans, LA 70163
    504-875-2223

    The results obtained in any particular case depend upon the specific facts and circumstances of that case. Past verdicts and settlements do not guarantee or predict a similar outcome in future cases.