Legal Ramifications of Natural Disasters – What You Need to Know

The recent horrific floods in Central Texas have brought back to the forefront just how merciless and destructive the forces of nature can be. Loss of property and more preciously – the loss of life – that can ensue can completely upend and forever change the lives of those so effected. Legal affairs may understandably be the last thing on the minds of victims struggling through the aftermath of such disasters. However, acting quickly to preserve your legal rights is indispensable to preserving potential claims and causes of action that can provide a financial recovery to aid victims.

When it comes to property damage, those suffering storm damage must properly document and promptly report losses to any potentially responding insurance carriers at the earliest possible opportunity. This includes photographs and videos of the damaged property and complying with the reporting requirements of the underlying insurance policy(s) – typically prompt notice would be satisfied within 30 days of the loss.

The Texas Prompt Payment of Claims Act governs payment of insurance claims in Texas. In Texas, insurance companies typically have 15 calendar days from the day a claim is reported to begin investigating a claim. An investigation may include requesting additional information, visiting the site of the property loss, and consulting with relevant experts with information relevant to assessing the extent of the loss and causation. This deadline is often and reasonably extended by an additional 15 calendar days in the event of large-scale natural disasters in which there is a large volume of loss claims requiring investigation.

Within 15 business days of completion and receipt of any reasonably necessary investigation related documents and evidence, an insurer must accept or reject a property loss claim in writing. However, this deadline can be reasonably extended by up to 60 additional calendar days in the event of large-scale natural disasters. An insurance company must then pay out the claim within 60 calendar days from the date of acceptance of the claim.

Unfortunately, even when both insurance coverage and losses are clear, insurance companies routinely fail to promptly pay claims. Additionally, insurance companies often undervalue a property owner’s claims precluding a storm victim from properly recovering for their loss consistent with the coverage they had purchased. When such circumstances arise, engaging a competent attorney to advocate to hold insurers or others to task is the only recourse to ensure your rights are protected. The attorneys at Marcum Ford PC have experience in zealously advocating for our clients to secure the recovery they are entitled to from their insurers or otherwise from parties exposed to liability for a loss.

Even more horrific than property losses, personal injury or death resulting from natural disasters, or otherwise, has the capacity to irreparably destroy lives and forever leaves an inexorable mark on surviving loved ones. In certain situations, aggrieved family members may have legal rights to pursue recovery against parties charged with a duty of care for their lost or injured loved ones. For example, minor children in the custody of a school or camp program are under the supervision and control of the program personnel who are charged under Texas law with a duty of care for the welfare and safety of the children in their custody. Likewise, the safety and wellbeing of residents and patients of assisted living, nursing homes, or other medical facilities are similarly in the hands of practitioners charged with a duty of care. When harm befalls those under the duty of care of another, available legal claims may include breach of the duty of care, negligence, negligence per se, gross negligence, strict liability, and wrongful death.

No amount of money can ever hope to replace, fully compensate, or restore victims of natural disasters to their exact pre-disaster state, certainly not when injury or loss of life is involved. Nevertheless, every victim is entitled to receive any and all compensation due to them to hold those liable to account and to aid in rebuilding their lives. Marcum Ford PC stands ready to assist victims of natural disasters or others suffering losses empathetically to preserve and prosecute their rights to recovery to the fullest extent permitted under the law. Contact us for a no-cost consultation.