California Smoke Damage Lawyer
Your home doesn't have to burn to be destroyed. Wildfire smoke can cause devastating damage to your property, health, and quality of life. We fight for full compensation.
Smoke Damage Is Real Damage: Get the Compensation You Deserve
Every year, California wildfires generate massive smoke plumes that affect communities miles away from the actual flames. While your home may not have burned, smoke damage can be just as devastating—rendering your property uninhabitable, destroying your belongings, and causing serious health problems.
At the Law Offices of Rozsa Gyene, we help smoke damage victims recover full compensation from insurance companies, utility companies, and other responsible parties. If wildfire smoke has damaged your property or health, you have legal rights—and we can help you enforce them.
Types of Smoke Damage We Handle
Property Smoke Damage
Smoke particles penetrate walls, ceilings, carpets, furniture, and HVAC systems. Even homes miles from fires can suffer extensive smoke damage requiring professional remediation or complete replacement of porous materials.
Personal Belongings
Clothing, bedding, upholstered furniture, electronics, documents, and artwork can all be damaged or destroyed by smoke. Many items that appear undamaged will retain smoke odor permanently and must be replaced.
HVAC and Air Quality
Your home's heating and cooling system can circulate smoke particles throughout the building. Complete HVAC cleaning or replacement, along with air duct cleaning, is often necessary after significant smoke exposure.
Health Effects
Wildfire smoke contains toxic particles that cause respiratory problems, aggravate asthma, and can lead to long-term health issues. Medical expenses, ongoing treatment, and pain and suffering are all compensable.
Loss of Use
If smoke damage makes your home uninhabitable during remediation, you're entitled to additional living expenses including temporary housing, meals, and related costs—the same as if your home had burned.
What Compensation Can You Recover?
Smoke damage victims may be entitled to recover:
- Professional smoke remediation costs - cleaning, ozone treatment, sealing
- Replacement of smoke-damaged items - furniture, clothing, electronics, bedding
- HVAC cleaning or replacement - including ductwork
- Structural repairs - repainting, replacing drywall, carpeting, insulation
- Additional living expenses - temporary housing while your home is remediated
- Medical expenses - treatment for smoke inhalation and respiratory issues
- Lost income - if smoke exposure prevented you from working
- Pain and suffering - physical discomfort and emotional distress
- Diminished property value - if smoke damage affects your home's market value
Insurance Companies Often Underpay Smoke Damage Claims
Insurance companies frequently minimize smoke damage claims because the damage isn't always visible. Common tactics include:
- Claiming smoke damage is "just odor" that will dissipate
- Offering cleaning instead of replacement for items that cannot be adequately cleaned
- Denying HVAC system replacement and approving only partial cleaning
- Undervaluing personal property that was destroyed
- Limiting additional living expenses despite ongoing remediation needs
- Arguing the smoke came from a different fire or source
If your insurance company is underpaying or denying your smoke damage claim, you may have a bad faith insurance claim that entitles you to additional damages beyond your policy limits.
Suing for Smoke Damage: Who Is Responsible?
Beyond your insurance claim, you may be able to sue the party responsible for starting the wildfire:
- Utility companies - SCE, LADWP, PG&E if their equipment caused the fire
- Government agencies - if negligence in fire prevention or response contributed to damage
- Private parties - landowners or businesses whose negligence started the fire
Under California's inverse condemnation law, utilities can be held strictly liable for fire damage—including smoke damage—caused by their equipment, even without proving negligence.
Don't Accept Less Than You Deserve
Free consultation. No fee unless we win. Time limits apply to all claims.
Free Case Review Call: (818) 291-6217Frequently Asked Questions About Smoke Damage Claims
Can I sue for smoke damage even if my home didn't burn?
Yes. You don't need to be in the direct path of a wildfire to have a valid claim. If wildfire smoke damaged your property, belongings, or health, you can pursue compensation from your insurance company and potentially from the party responsible for starting the fire.
What types of smoke damage are covered by insurance?
Most homeowners policies cover smoke damage from wildfires, including structural damage, personal property, HVAC systems, and additional living expenses if your home becomes uninhabitable. However, coverage limits and exclusions vary. We review your policy to maximize your recovery.
How do I prove smoke damage to my insurance company?
Document everything with photos and videos. Get professional air quality testing. Have a smoke damage restoration company provide an estimate. Keep samples of damaged items. We work with experts who can testify to the extent of smoke damage and necessary remediation costs.
How long does smoke damage smell last?
Without professional treatment, smoke damage is permanent. Smoke particles embed in porous materials and will continue to off-gas for years. Professional remediation is essential, and in many cases, complete replacement of affected materials is the only solution.
Get Your Free Smoke Damage Case Review
We've helped thousands of California fire victims recover full compensation. No fee unless we win your case.