Insurance Claims
Miami Fire Damage Claim Lawyer
A fire takes minutes to change your life. Then the claim begins: adjusters, estimates, contents inventories, and an offer that does not come close to what rebuilding actually costs. We represent Miami homeowners and business owners in fire and smoke claims, and we fight the insurance company for every dollar the policy promises.
- No fees or costs unless we win
- Free case evaluation
- Se habla Español
Fire Is a Covered Peril. The Fight Is Over How Much.
Almost every homeowner and business policy covers fire. That is exactly why insurance companies rarely deny a fire claim outright. Instead, they narrow it: they pay for the charred room but not for the smoke that traveled through the rest of the house, they depreciate your belongings down to pennies, or they write a repair estimate no licensed Miami contractor could actually build from.
At Leyva Law, your claim is handled directly by attorney Daniela Leyva, not a call center. She documents the full scope of the loss, pushes back on lowball estimates, and prepares every claim as if it will end up in court, because that is what makes the insurance company take it seriously. You pay nothing unless we recover for you.
Where Fire Claims Go Wrong
Most fire claim disputes come down to scope: what the insurance company is willing to count as part of the loss.
Smoke, Soot, and Odor
Smoke travels much farther than flames. Soot is acidic and can quietly ruin electronics, air ducts, wiring, and finishes in rooms the fire never touched. Proper remediation, and replacement where cleaning is not enough, belongs in the claim. Insurers often try to solve it with a light cleaning line item.
Your Contents Inventory
After a fire, the insurance company will ask you to list everything you lost, item by item, often from memory and under stress. Missed items are money left on the table, and aggressive depreciation shrinks what remains. We help clients build a complete, well documented inventory and challenge valuations that do not reflect what replacement really costs.
Structural Repairs
Heat can compromise framing, roofing, and systems that look intact from the outside. Partial repairs also raise matching problems: a patched section that does not match the rest of the home is not a proper repair. The estimate should reflect what it takes to actually restore the property, not just repaint the burn marks.
Additional Living Expenses While You Are Displaced
If the fire makes your home unlivable, most homeowner policies include coverage for additional living expenses, sometimes called loss of use. It pays the reasonable increase in your costs while you are displaced: a hotel or rental, meals beyond what you would normally spend, and similar expenses.
Keep every receipt from day one. Insurance companies are quick to question what counts as necessary and to cut these benefits off before you can realistically move back in. We document the displacement and push back when the insurance company tries to shortchange this part of the claim.
The Examination Under Oath
Many policies let the insurance company require an Examination Under Oath: a formal, recorded session where you answer questions under oath about the fire, your finances, and your claim. It sounds routine. It is not. Everything you say is transcribed and can be used to limit or deny the claim, and refusing to appear can jeopardize your coverage.
The right approach is to cooperate, but not alone. We prepare clients before the examination, organize the documents the insurance company will ask about, attend the session, and keep the questioning focused on the claim.
The Deadlines That Control Your Fire Claim
Florida law sets clocks running in both directions:
Your deadlines. You must give the insurance company notice of the claim within 1 year of the date of loss, and notice of any supplemental claim, for additional damage found while repairs are underway, within 18 months (section 627.70132, Florida Statutes).
The insurance company's deadlines. It generally must acknowledge your claim within 7 days and must pay it, deny it, or pay it in part within 60 days of receiving notice, unless factors beyond its control prevent it (section 627.70131, Florida Statutes).
If negotiations stall, Florida's Department of Financial Services offers a mediation program for property insurance claims (section 627.7015, Florida Statutes). It is one of several tools we use to move a claim forward without waiting years for a courtroom.
Fire and Smoke Claims We Handle
- House and Condo Fires
- Kitchen and Grease Fires
- Electrical Fires
- Lightning Strikes
- Smoke and Soot Damage
- Water Damage From Firefighting
- Business and Commercial Fires
- Denied or Underpaid Fire Claims
Miami Fire Damage Claim FAQ
The insurance company accepted my fire claim but the payment will not cover repairs. What can I do?
An underpaid claim is not a closed claim. If you did not sign a release, you can challenge the insurance company's estimate, document the full scope of the damage, and give notice of a supplemental claim within 18 months of the date of loss for damage discovered during repairs. We review underpaid fire claims for free.
Do I have to sit for an Examination Under Oath?
If your policy requires one, refusing to appear can put your coverage at risk, so the answer is usually yes. But you do not have to go in unprepared or alone. We organize the claim file, prepare you for the questions, and attend the examination with you.
Does insurance cover smoke and odor damage, or only what actually burned?
A covered fire loss generally includes the damage the fire causes throughout the property, and smoke, soot, and odor routinely spread far beyond the flames. Insurers often undervalue this part of the claim. A careful assessment of ductwork, electronics, finishes, and belongings is often where the real value of a fire claim is found.
How long do I have to report a fire claim in Florida?
You must give the insurance company notice of the claim within 1 year of the date of loss, and notice of any supplemental claim within 18 months (section 627.70132, Florida Statutes). Your policy may add its own prompt notice requirements, so report the loss as soon as you reasonably can.
How quickly does the insurance company have to respond to my claim?
Under section 627.70131, Florida Statutes, the insurance company generally must acknowledge your claim within 7 days and must pay it, deny it, or pay it in part within 60 days after receiving notice, unless factors beyond its control prevent it. If your claim has gone quiet, that is a reason to get a free case review.
Related: all property insurance claims · personal injury cases · meet the attorney. This page is general information, not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
Talk to a Miami Fire Damage Claim Lawyer Today
Free case evaluation, no obligation, no fees or costs unless we win. English or Spanish.
Office hours
Monday to Friday, 9:00 am to 6:00 pm
Weekends by appointment
Email & fax
info [at] leyva-law.com
Fax (786) 422-1365
Mailing address
9555 SW 175 Terrace #4016
Palmetto Bay, FL 33157
By appointment only