Questions to Ask Your Lawyer About Property Damage from the Maui Fires

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If you were impacted by the Maui wildfires, you may want to hire a lawyer to help you. But what kinds of questions should you ask your attorney during the initial consultation? What about down the road? Below, we discuss some important questions to ask any lawyer you consult regarding your wildfire damages. 

Before we begin, we want you to know that, at Morgan & Morgan, we understand the stress of what you’re going through and the importance of asking the right questions. Besides giving you peace of mind, addressing these concerns prepares you for what to expect throughout the claims process – or the litigation process if your case goes to court. If you have questions about property damage related to the Maui wildfires, please reach out to us by filling out our free case evaluation form. 

How Does the Claims Process Work After the Maui Wildfires?

This question allows us to explain the steps you'll need to take, the documents you should gather, and the timeline for receiving compensation. Knowing the process also helps you avoid mistakes that could delay your claim.

What Types of Damages Can I Claim?

Even though the wildfires impacted many Maui families, each individual case is unique. When you ask this question, our attorney will respond based on the specifics of your case. There have been many different types of claims following the Maui wildfires, from property damage, personal property loss, additional living expenses, emotional distress, and even wrongful distress.  

How Do I Prove That the Wildfires Caused My Property Damage?

You should document the damage with photos, videos, and receipts. Our legal team can help you gather important evidence, such as fire department reports from the Maui County Fire Department or satellite data, to strengthen your claim.

We're also investigating reports that the fire was caused by the negligence of Hawaiian Electric – the company that supplies electricity to 95% of Maui’s residents – and the local fire department. Our goal is to identify the parties responsible for your property damage and other losses you might have incurred from the wildfires.

What Should I Do If My Claim Is Denied?

Your claim may be denied for many different reasons, but that may not mean the end of the journey. We'll review the reason for denial and respond with what's required, such as additional evidence.

That said, insurance companies sometimes deny claims out of bad faith or for unjustifiable reasons. If that's the case, and they refuse to negotiate, then we'll see them in court.

How Long Do I Have to File a Claim?

You generally have two years from the date the damage occurred to file a claim. However, these deadlines may also vary depending on the type of claim you have. 

For instance, there are specific deadlines for filing claims against insurance policies, FEMA claims, or lawsuits against third parties. So when you ask your lawyer this question, it sets the stage for crosschecking these deadlines and ensuring that you are not time-barred.

If you haven’t already verified the applicable filing deadlines for your claims, you should do so immediately.  

Can I Get Compensation for Temporary Housing and Living Expenses?

Asking this question opens the doors for your attorney to explore and explain your options. If you sought temporary housing after losing your home, you might be entitled to compensation for expenses such as hotel bills, food, and utility costs. Your attorney can also help gather evidence to prove your eligibility for compensation under this category.

How Can I Challenge a Low Settlement Offer?

Asking your lawyer how to challenge a low offer helps prepare you for negotiations. As America’s largest injury firm, we know firsthand that insurance companies often offer less than what your claim is really worth. Once we figure out what you're entitled to, we'll review the settlement offer, provide a counteroffer, and gather additional evidence, such as repair estimates, to support your case. 

The goal is to make sure that you don't settle for less than you're entitled to. If we have to fight in court to achieve this, we’ll be more than happy to do so. 

What Is the Role of an Insurance Adjuster in My Claim?

Understanding the role of the insurance adjuster gives you an idea of how you should interact with them. The most crucial thing to note is that the insurance company’s adjusters aren’t there to advocate for you. Even if they sound friendly and understanding, they are paid to put the insurance company's interests first. 

Our lawyers can help you understand what information you should (and shouldn't) share with adjusters. If there are any disagreements with the adjuster's assessment, we have a team of adjusters who can help provide a more accurate assessment.

Can I Sue a Third Party for Negligence?

This question helps you explore all avenues for compensation. Over the past 35 years, Morgan & Morgan has represented 500,000 families across America and recovered more than $20 billion. We know how to help those who were harmed by another’s negligence. 

Here, the evidence indicates that the Maui wildfires were caused by the negligence of third parties, including various corporations and even the local fire department. For example, Hawaiian Electric did not de-energize their power lines despite being aware of the expected high winds that caused the downed line that started the fires.

Add that to the fact that these wooden power lines were old and outdated, and you'll begin to understand how the fire started and spread so quickly.

How Long Will It Take to Resolve My Claim?

Asking this question can help manage your expectations. The length of time it takes to resolve a property damage claim depends on the unique circumstances of your case. At the time of writing, just over a year since the fires, about $2.3 billion worth of compensation has already been paid out slightly over a year since the wildfires.

Your attorney can develop an estimated payout timeline based on the specific facts of your case. They can also explain the steps involved, how long each stage may take, and what factors could speed up or slow down the process.

What Evidence Do I Need to Support My Claim?

Asking this question ensures you have a strong case and are prepared to provide the proof your insurance company requires.

Depending on the unique circumstances of your case, your attorney may need the following to prove your case: 

• Repair estimates
• Photos and videos of the damaged property
• Receipts to prove ownership of the damaged property
• Proof of expenses incurred due to the wildfires
• Witness statements
• Reports from fire departments or other agencies 
• Media reports 

Have More Questions? Ask Morgan & Morgan

When you have questions about your claim, you don't need generic answers. You need answers that demonstrate a deep understanding of the situation on the ground and the impact these wildfires have had on you or your loved ones.

Morgan & Morgan, a nationwide injury firm, is here to answer your questions and, importantly, fight for you. To get started with a free case review, fill out this form today.

Advertising Material. Bora S. Kayan, Esq. is responsible for the content of this advertisement. Cases may be associated with, or referred to, other law firms as co-counsel or referral counsel in these and other jurisdictions. Prior results do not guarantee a similar outcome. This post is not legal advice. If you need legal advice, you should consult a lawyer.