Mailer raises concern among Waldo Canyon victims

A mailer has been distributed throughout Colorado Springs by California-based D & Z Law Group.

The mailer states:
“We have noticed that your property is located in a contamination area. The smoke and ash debris from the Waldo fire which began around June 23, 2012 has affected many homes around your area. Even if you have conducted some regular clean up, smoke and ash particles, which my not be visible to the bare eye, will continue to remain in your central heating and air conditioning units, ducts, attic insulation, walls, furniture, roof and clothing. Unless professionally cleaned, this may further deteriorate your property and cause health complications.

“The attorneys at D & Z Law Group LLP, have successfully recovered thousands of dollars in professional cleaning costs from Insurance Carriers on their clients’ behalf without filing lawsuits. We do not get paid unless you get paid. There are no upfront fees, or out of pocket expenses during the claims process. If your insurer wrongfully denies your claim and you elect to file a lawsuit you my be responsible for costs.”

According to D & Z Law Group attorney Erik Zograbian, the purpose of the mailer is to inform residents that they are most likely entitled to professional cleaning via their insurance policy.

Zograbian told KRDO Newschannel 13 that in his experience, residents have realized this inclusion too late.

“By the time they discovered it was something they could do and file claims, some of them file six, seven, eight, nine months later. A lot of litigation ensued because the insurance companies were arguing that it had been too late,” said Zograbian.

Zograbian said his law group is willing to assist residents with the claim filing process and are also available to assist residents who are “hitting some road blocks.”

With several scams artists targeting the Pikes Peak region for issues related to Waldo Canyon Fire relief efforts, Zograbian said, “This is not a scam. The way people can know this is not a scam is if you call me and you tell me ‘Hey, my property is not really affected but I’m in the neighborhood. Help me get some money,’ our answer is going to be no.”

Carole Walker, executive director of Rocky Mountain Insurance Information Association, said homeowners need to be informed before making the decision to seek legal counsel.

“Just make sure you’re working with somebody reputable, someone you trust, someone that you’ve gotten references from,” said Walker.

Walker suggest people exhaust all “free” resources first, such as calling the insurance agency or going to the state government for help.

Walker also said, do not become a victim of fear.

“Anytime you’ve had a heart-breaking, emotional disaster like we’ve had in Colorado Springs, unfortunately people will play on those fears saying, ‘Your time is running out, you need to settle quickly, or ‘We can get you a big check right away.’ Don’t be afraid,” she said.

According to Walker, homeowners in Colorado have one year to file a claim. She added that filed claims can be reopened, as well.

Walker advises those looking to explore legal consultation to understand there are fees associated with lawsuits that will could be deducted from the settlement reward.

“If, down the road, you feel like you want to hire an attorney, want to hire a third party for help, it’s absolutely an option for you. Just weigh the cost versus the benefit for your own individual situation,” said Walker.

Zograbian said for those who are interested in seeking assistance, be sure to do it only if property has been impacted.

“If your property was not affected, if your property does not require professional cleaning, there’s absolutely nothing we can do for you. This is not a way to make a quick buck from your insurance company,” he said.