What Is the Claims Process for an Apartment Fire Injury?

Living in an apartment has many advantages. Typically, a landlord or property management company deals with many of the headaches that homeowners could face. 
 
But accidents and injuries can happen anywhere, even in your apartment. When an apartment fire happens and you become injured, you may be uncertain about what to do. 
 
After sustaining an apartment fire injury, it is important to explore your legal options. If another person or party is responsible for causing your injury, you may be entitled to financial recovery for the related damages.
 
Contacting an accomplished fire injury attorney will give you the best chance of securing the compensation that you need. 
 
When you need the best injury lawyers available, do not hesitate. Contact Morgan & Morgan. Our firm has a long history of securing financial recovery for our clients. 
 
Complete our simple contact form online to schedule a free consultation to discuss the details of your apartment fire injury case. 

How Will a Personal Injury Lawyer Help? 

Even if you are sure that you have a valid personal injury claim, you may not know why you need an attorney. Some claimants attempt to recover compensation without the help of a legal professional.
 
This is inadvisable, especially in complex circumstances. If you have sustained an apartment fire injury, your case may involve multiple parties and interests. 
 
It is crucial to contact a knowledgeable attorney to ensure that you get the financial recovery that you deserve. Your priority after an apartment fire should be your own physical and emotional recovery. You should not have to handle all the complex elements of the legal process while you focus on healing. 
 
When you hire an accomplished attorney, they will handle the following aspects of your personal injury case:
 

• Collecting relevant documentation, such as medical and fire records
• Drafting and filing legal paperwork
• Speaking with witnesses
• Consulting with experts and specialists, if applicable
• Negotiating with the relevant insurance provider
• Preparing a lawsuit on your behalf if negotiations fail

 
A skilled legal representative will have experience with each step of the personal injury claims process. Scheduling a consultation with an attorney will give you a better idea of the validity of your injury claim. 

Typical Causes of Apartment Fire Injuries 

Apartment fires are not as uncommon as they should be. In a recent year, more than 3,300 people died as the result of fires in the United States. 2,800 of those deaths were the result of residential structure fires. 
 
Some apartment fires are unavoidable or happen by chance. But many apartment fires are caused by negligence. 
 
When an owner, landlord, or property manager does not comply with appropriate safety standards, victims have the right to compensation.
 
If a landlord or property investment company failed to take the proper safety measures, it is important to hold them accountable. Failing to maintain a safe structure makes an apartment fire injury much more likely.
 
Some common examples of negligence that lead to apartment fires include:

• An inadequate amount of smoke detectors
• Lack of fire extinguishers
• Building code violations
• Improperly maintained heating equipment
• Faulty electrical wiring
• Lack of or defective fire alarms
• Inaccessible fire exits
• Tenant overcrowding
• Smoking
• And more

If your apartment building has any of these signs of negligence, you are at a higher risk for an apartment fire injury. 
 
It is worth noting that cooking fires are the leading cause of residential structure fires. Another primary cause is heating equipment, which is responsible for one out of five home fire fatalities.
 
When you have been injured because of a landlord or property owner’s negligence, do not wait. Contact a personal injury attorney to pursue compensation for the damages that you have suffered. 

How to File an Apartment Fire Injury Claim 

Following an apartment fire, it is normal to feel stressed and overwhelmed. Most people do not have experience with the legal claims process until they sustain an injury.
 
Below, we will examine a few important steps to take after you suffer from an apartment fire injury:

Seek Medical Care

Your first priority should be your own physical safety and health. Apartment fires can cause victims to suffer a wide range of symptoms. 
 
Although burns may be the most obvious type of fire injury, smoke inhalation can also cause significant health problems. Do not wait to seek medical care in the aftermath of an apartment fire.  

Contact Your Landlord

It is likely that your landlord or property management company is already aware of the fire. Still, it is a good idea to contact them following the incident.
 
This can also help if you need a place to stay. Your landlord may have other vacant properties that they can offer you while you look for more permanent accommodations.

Contact Your Insurance Company

In some cases, your insurance company may cover the cost of temporary housing. Renter’s insurance can help you to recover some of your damaged or destroyed property. 
 
However, it is a good idea to speak with a legal professional as quickly as possible after your injury. Insurance companies are incentivized to pay as little as they can on each claim that is filed. 

Speak with an Attorney

Whatever the circumstances of your apartment fire may be, you should speak with a knowledgeable legal professional. Most attorneys will offer you a free initial consultation to discuss the facts of your case.
 
If you were injured because of another party’s negligence or carelessness, you may be owed compensation. Fire injury victims often face physical, mental, and financial challenges.
 
It is important to hold the liable person or entity accountable. A skilled injury lawyer will effectively negotiate on your behalf. 
 
For instance, you may have to file a claim with your landlord’s liability insurance provider. If this happens, an attorney will negotiate for the highest compensation possible in your case.
 
Insurance providers usually offer lowball settlements in hopes that claimants will undervalue the damages they suffered. Do not accept an inadequate settlement offer. 
 
Hiring a legal representative will ensure that your rights are protected. 

Proving Negligence in Fire Injury Cases 

If you decide to pursue a case against your landlord or property management company, you will need to show that their negligence caused damage to you. Proving negligence in accident cases involves the following four elements:

Duty of Care

To recover compensation, you will need to prove that the property owner or landlord had a duty to protect their tenants from a foreseeable hazard. This includes keeping the structure protected against the possibility of fires.
 
The legal duty of care requires landlords to provide adequate safety features and maintenance. If the property owner knows about a fire hazard, they have the duty to fix the problem.

Breach

You must also provide evidence that the landlord or property owner failed to fulfill their duty of care. In breaching this duty, they failed to protect their tenants from a hazard or danger.
 
Failing to install enough smoke detectors or failing to repair broken fire alarms are both examples of such a breach.

Causation

Proving that the landlord breached their duty of care is not enough. You will also need to prove that their negligent behavior was the direct or proximate cause of your injuries.
 
In other words, you will need to show that the landlord’s negligence caused the fire and that the fire caused your injuries. The injuries in question must be the result of the property owner’s actions.
 
Suppose that you sustained a burn in an apartment fire because you were asleep at the time. If the fire alarm in your apartment was faulty, the landlord should have repaired it. 
 
Therefore, the inaction of the landlord directly led to your burns. In this case, you can hold them responsible for the damages that you suffered.

Damages

Finally, you will need to establish that your fire-related injuries led to specific damages. These damages are not limited to the physical harm that you sustained. You can also show that you suffered emotional and financial damages as the result of the landlord’s negligence. 
 
Evidence of damages can include:

• Medical bills and records detailing your injuries
• Photographic evidence of property damage or injuries
• Income records detailing wages lost from missed work

These are only a few examples of the types of evidence that can be used to establish damages. 
 
An experienced attorney can examine your case to find all of the relevant evidence.