Recovering Damages from a Heart-breaking Fire Loss
One of life's most difficult and tragic times is to suffer a loss due to a fire. Whether it’s your home or business, having a fire can be life-altering, traumatic, and disheartening.
Ben Shelton and the Shelton Law Firm recently obtained a $1.2 million settlement for a client who suffered a heart-breaking fire loss to their dream home. Our investigation showed the fire was caused by contractors’ negligence in leaving flammable materials with a foreseeable risk of self-ignition unattended within the curtilage of the property. Unsurprisingly, the Defendants and their insurers denied all liability in the case and initially offered nothing to our client.
The Solution
Shelton Law Firm engaged a team of experts to establish liability, showing that the only reasonable explanation for the fire and subsequent loss was a self-ignition of the combustible material at issue.
However, the advocacy did not stop there. In addition to disputing the cause of the fire, the Defendants disputed the significance of the loss and the amount of the loss suffered by our client. To further complicate matters, our clients’ insurer sought dollar-for-dollar repayment of the insufficient amount of insurance that it had paid for the loss out of any recovery our client obtained (this is called “subrogation”).
Shelton Law Firm developed a thorough analysis bolstering all elements of damages that could be considered by the jury, driving the value of the case (and the risk to the Defendants) upward. In addition, through the Defendant’s own expert’s testimony, we showed how the material was disposed of and stored in violation of the manufacturer’s safety data sheet, leading the Defendant’s expert to argue that the safety data sheet was overkill. Not only did this provide a basis for an award of punitive damages against the Defendants (the failure to follow the safety instructions of the manufacturer), we significantly undermined the Defendant’s expert’s credibility in the case.
As a result of these efforts, we were able to negotiate a very favorable settlement for our client in an amount of over two times the appraised value of the property before the loss, on the eve of trial, and negotiated the subrogation claim down to a reasonable amount.
An Experienced South Carolina Attorney for Catastrophic Property Damage Cases
Shelton Law Firm is here to assist in catastrophic property damage cases, whether they be by fire loss, water damage, or any other cause. The attorneys at Shelton Law Firm possess the knowledge, skills, and dedication necessary to navigate the complexities of South Carolina's legal system and secure the compensation you deserve.
Call 843.802.0087 to schedule a consultation.