The Lower North Fork Fire that started when strong winds blew a controlled burn out of control last month reached a size of over 4000 acres, and probably resulted in several million dollars in damage, according to Fox 31 news. The Colorado Forest Service has said that the fire was their responsibility, apologizing to homeowners who had been affected by it. This fire brings the idea of tort reform and damage caps on lawsuits into the public eye, as it raises the question of what could happen if the homeowners who suffered property damage choose to take civil action against the state. An accident in 1987 in which a boulder that was dislodged by state workers fell on a bus full of people brought this issue up then. The result was that the cap on damages was raised from $400,000 to $600,000. That cap has not been raised in the 25 intervening years. What this means is that if the people who had their property damaged by the fire were to successfully file a civil suit against the state, the total damage award cannot exceed $600,000 to be split among all of the people involved in the suit.
Is your homeowner’s insurance company trying to avoid paying a legitimate claim? Speak with an experienced Denver insurance dispute attorney today to discuss your options.
With the issue of tort reform being raised regularly in the state legislature, this incident may be as good a time as any to think about what tort reform really is. Those who push for tort reform try to invoke the image of “frivolous lawsuits,” trying to create an image that is not very accurate. University of Denver Law Professor Tom Russell, in an interview for the Fox 31 article, says that tort reform means “that injured people who need money to rebuild their lives cannot get that money.”
The hope of course, is that those people whose property was damaged were covered by homeowner’s insurance, which will cover the costs of damage. It is important to remember, however, that insurance companies operate to make a profit. The less the insurance company pays out in claims, the more profit the company makes. This very simple statement is why in some cases insurance companies look for reasons not to pay legitimate claims. If a homeowner loses his or her home and the insurance company will not pay the value of repairing or rebuilding the home, the homeowner then has a very large expense to cover alone. An experienced Denver insurance dispute attorney can help ensure that your insurance company pays your valid claim. If the damage was caused in the first place by negligence on the part of the state, or anyone else, that is why the civil justice system exists. With tort reform and damage caps, there is a good possibility that even working with the civil justice system, the injured party will not be able to recover sufficient damages.
If your home has been damaged by someone else’s negligence, and your insurance company is telling you that they will not pay the full value of the claim, you need to speak with a dedicated Denver insurance dispute attorney who has experience recovering difficult claims. Jeffrey Knoll has helped numerous businesses and families across Colorado recover money for legitimate claims from insurance companies that tried not to pay those claims. He understands how insurance companies operate, and will work hard to help you receive your rightful claim. For more information and a FREE CONSULTATION, call the Law Office of Jeffrey A. Knoll at (303)985-2403.
