Tupelo, MS Wildfire Insurance Dispute Lawyers
Strong representation for property owners when wildfires burn property and cause soot damage
Wildfires happen all too frequently in Mississippi. The Mississippi Forestry Commission (MFC), in 2023, responded to more than 1,000 wildfires that burned 19,803 acres. The MFC Wildland Firefighters saved more than 1,500 structures threatened by wildfires. The agency uses airplane surveillance, law enforcement reports, and reports from the public to detect wildfires. Wildfires can quickly damage homes, commercial structures, landscaping, and crops.
At McWherter Scott & Bobbitt, our lawyers have extensive experience and working relationships with fire, building, and construction professionals to hold insurance companies to their duty to pay you for all the damage your policy covers. We have recovered more than $400 million in insurance payouts for our clients. Our Tupelo wildfire insurance dispute lawyers are ready to help you determine your immediate needs, obtain temporary advances, and fight for the coverage you need to start over.
What causes wildfires?
According to Earth.org, three main factors increase the risk of a wildfire:
- The oxygen in the air
- Leaves, branches, grass, and other organic materials that serve as dry fuel
- Heat
The two main causes are natural causes and human causes.
Natural causes of wildfires
One of the most common natural causes of wildfires is lightning, especially “hot” lightning. Hot lightning involves currents that generate an intense amount of heat. Land management and landscape fire management planning can help reduce the intensity of wildfires. A warmer climate and increased carbon emissions may contribute to more wildfires, in part because less rain and more heat make vegetation drier – and easier to burn. The denser the vegetation is, the more quickly a wildfire can spread.
Human causes of wildfires
Examples of human causes of wildfires include campfires, discarded cigarettes, equipment failure, utility failures (such as outdated or faulty power lines), arson, and other causes.
The MFC states that most Mississippi wildfires are due to human activity.
What insurance policies cover wildfire damage?
Your homeowner’s insurance and your commercial property insurance policies should provide coverage for wildfires, unless there is a specific exclusion. Other insurance policies that may help when wildfires spread are condominium insurance, renters’ insurance, and comprehensive vehicle insurance.
What can I recover for wildfire damage?
Wildfire insurance protection should pay for the following (up to the policy limits):
- The cost to remove any debris and protect your property until a thorough inspection takes place.
- Temporary living expenses (the cost to move to a new home or business location, including the cost of necessities such as food and clothing) while the damage review takes place and the repair/rebuild is completed.
- The cost to repair your building structures (home, office, plant, etc.) or rebuild these structures.
- If the home can’t be repaired, your policy may pay a settlement for the covered loss (subject to policy terms/limits), and may cover additional living expenses for a limited time, including time to relocate.
- Compliance with any fire and building codes.
- The cost to repair or replace the contents of your home (such as appliances, rugs, and possessions; or inventory and equipment).
- The damage to any landscaping and outside structures, such as sheds and garages.
- The cost to repair any smoke, soot or ash damage.
Business interruption (business income) coverage generally covers lost income and continuing expenses, and may include extra expenses (like operating from a temporary location), depending on the policy.
Our Tupelo wildfire insurance dispute lawyers also help apartments, condominiums, and any other businesses that lease property with the claims of their tenants. We help farmers and other agricultural businesses assess the damage to their crops and animals.
McWherter Scott & Bobbitt can also help review any other insurance policies (such as umbrella policies) that may provide coverage if your home or commercial property insurance isn’t enough to pay for all your damages.
What types of wildfire insurance disputes do you handle?
Our respected Tupelo insurance dispute lawyers prepare for all of the arguments and positions your insurance company may take to try to deny or limit your claim. We also handle many of the practical issues you need to address when wildfires happen. Some of the many types of insurance issues we handle include:
- Emergency responses. Our lawyers work with the Mississippi Emergency Management Agency (MEMA), Federal Emergency Management Agency (FEMA), and local Lee County officials to review when it’s safe to inspect your property and what steps you should take – such as the need to turn off or restart utilities.
- Temporary advances. Our Tupelo wildfire lawyers work quickly to obtain advances so you can find a new place to live or work, move whatever possessions you can safely take with you, and pay for any necessary living expenses while you’re at the temporary location.
- Coverage disputes. Our lawyers review the terms of your insurance policy, whether any exclusions apply, what values (such as fair market or replacement) should be used, what materials should be used, and any other insurance coverage issues.
- The method of restoring your property. Most wildfires cause severe damage, requiring that part or all of your home and building be rebuilt from scratch. Some structures and other properties may, if you’re lucky, be capable of repairs. In some cases, the damage may be too extensive, requiring that you permanently move to a new location. We work with construction experts, building code officials, engineers, and others to determine which restoration method is best for you.
- In addition to determining which valuation method (such as fair market value or replacement) to use, we work with contractors, subcontractors, architects, engineers, and appraisers to place a proper value on the money you need to fully restore all of your property (buildings, contents, landscaping, crops, and other possessions).
- Business interruption losses. Our attorneys work with you, accountants, and financial experts to place a proper value on all your business losses while you restore your business. These costs include lost income, mortgages, overhead, payroll, marketing, inventory, technology, equipment, and many other business expenses.
- Related damage. We seek insurance proceeds for the cost to remove any smoke, ash, or soot damage.
- Bad faith negotiations. Some insurance companies will try to pressure you to take a bad settlement offer because they know how anxious you are. At McWherter Scott & Bobbitt, we file bad faith claims if your insurance carrier deliberately tries to stall your claim or force you into a bad settlement. Note that, in Mississippi, bad-faith/punitive claims generally require proof that the insurer lacked an arguable basis and acted willfully or maliciously or with gross or reckless disregard, not merely a claim delay.
What steps should I take after a wildfire damages my property?
Our Tupelo wildfire lawyers handle many types of natural disaster claims. We’ll explain what steps you need to take (with our help) after a wildfire occurs. These steps include the following:
- Give your insurance company prompt notice that you have wildfire damage. Your insurance company has the right to conduct its own investigation and examine the damage to your property.
- Keep receipts of all your expenses. You’ll likely need to find a temporary place to live or work. You should keep records of all your living costs, including rent, meals, food, clothing, and other essentials.
- Test for toxins. We work with the local officials, your insurance company, and our own network of experts (if necessary) to test whether it’s safe to be on or live at your property. Normally, a Certified Industrial Hygienist will test for contaminants (such as smoke, ash, and soot).
- Take images or videos. We work with experts who will take images of the damage.
- Assess the damage. We work with the insurance company’s experts and our own experts to determine the full scope of the damage and the cost to repair the damage, rebuild, or permanently relocate – for all your property (buildings, contents, exterior property, and personal possessions).
- Contact our lawyers. We’ve helped many natural disaster victims like you. We’ve been fighting for policyholders since 2013. Our lawyers are respected by former clients, insurance companies, and the legal community. We can explain your rights and fight for all the compensation you deserve.
Do you have a Tupelo, MS wildfire insurance lawyer near me?
Yes. We meet clients at our office located at 600 W. Main St., Suite 301, Tupelo, MS 38801. We also talk to policyholders by phone and online. We work with experts who come to your property and examine the wildfire damage firsthand.
We’re here to answer your questions and guide you through each step of your claim.
We also have offices in Alabama, Arkansas, Kentucky, and Tennessee.
Contact our Tupelo, Mississippi wildfire insurance dispute lawyers today
You paid your premiums. Now that a wildfire has happened, it’s time for your insurance company to pay you. At McWherter Scott & Bobbitt, we work to promptly investigate your property, hire experts to assess the damage, obtain temporary advances, and fight for all the compensation you deserve. Please call us or fill out our contact form to schedule an appointment.