Articles Posted in Fire Loss

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Today it rained as hard as I can remember in the Yonge/Sheppard area of North York. No thunder. No lightning. Just a lot of rain, with a sprinkle of hail for good measure.

As a result of the heavy rain, our office experienced flooding in the basement. It was pretty bad. All hands were on deck, doing our best to mop up the water and prevent further damage.

The resulting water damage got me thinking about all of those people who experience property damage on account of water, fire, wind or other natural (or unatural) causes.

What do you do when this happens to your property?

What steps should you take in order to protect your rights and preserve your interests?

All good questions.

Our law firm handles a lot of property damage claims. These are claims specifically related to damaged property. So, not cars which are damaged in car accidents. We are talking about damage to one’s home, office, or place of business; along with all of the equipment, chattel and contents contained therein. I repeat  that damage sustained to your vehicle as a result of a car accident is not applicable to these claims thanks to some provisions contained in the Insurance Act.

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Home owners and property owners buy insurance for lots of different reasons. Liability protection is a great reason to have insurance. But what first comes to mind when thinking about property insurance is coverage in the event of damage to one’s property.

What happens if a fire burns down your home/building and all of the contents therein?

What happens if a pipe bursts and ruins the home/building and everything inside of it?

What happens if the roof starts to leak and damage the ceilings, walls and flooring?

Who is going to pay for the property damage?

What happens if the rental arrears on the unit are lost on account of the damage?

If you don’t carry property insurance, you will have to pay for these repair and replacement costs of the damaged goods/equipment on your own.

But the majority of property owners carry some form of insurance. It’s a requirement under pretty much every mortgage. You can certainly own a property mortgage free and not carry any form of insurance on the property, but that’s living quite dangerously to say the least and not recommended by this personal injury lawyer; or any insurance broker.

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Some of the most devastating and gruesome injuries which our personal injury lawyers see occur as a result of fire. Fires in homes. Fires in apartments. Fires in condominiums. Fires in commercial units. Fires cause devastation to person and property. They also kill.

Often in fire injury and fire loss claims, damages are almost secondary for the lawyers. All of the lawyers for both Plaintiff and Defence recognize the loss suffered by the burn victim. The lawyers may argue about the extent of the damages and the impact and duration of those damages. But reasonable lawyers will recognize that serious burns cause serious injuries which have life long physical and psychological consequences.

Where things can tricky is when it comes to who will pay for those damages.

All lawyers are taught that it’s very important to sue a party with deep pockets; meaning that you have to make sure that you can sue a party who can pay a judgment or payout on a settlement.

If you sue a party with no assets, you have nothing to collect upon. The judgment which a Plaintiff is awarded is without any material value because you cannot collect from an impecunious party. Think of it like you can’t get blood from a stone.

The same adage applies to fire loss claims. Generally in personal injury cases, lawyers see insurance companies defend their insureds, and payout damages on a judment or settlement.

The same cannot be said in burn cases and fire loss cases.

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When it comes to your home, there is nothing more terrifying or tragic than a house fire. All of your possessions, belongings and memories are stashed away in that home. Once it goes up in a blaze, all of those things are gone forever. House fires are devastating for a family.

Fires are also devastating for commercial properties and business owners. Having a businesses’ merchandise and goods lost to fire can completely destroy a company, leaving it’s employees and shareholders in ruins.

People call Goldfinger Injury Lawyers when faced with fire loss. Our lawyers assist families and businesses recoup their losses, and stand up to the insurance company so that our clients get the compensation and peace of mind which they deserve.

The purpose of this Toronto Injury Lawyer Blog Post is to go over the basics of fire loss claims and how to get them started; along with what to expect.

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