California Wildfire Injury Attorneys
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Wildfire Injury Attorneys In California Let Our Family Take Care Of Your Family
Getting caught in a wildfire is traumatic. A small spark has the potential to affect families and entire communities. If you have suffered injuries and damages in a wildfire, contact our California wildfire injury attorneys. We can discuss your legal rights and possible avenues towards compensation. Call Arash Law at (888) 488-1391 to schedule a free initial, no-obligation consultation.
Extreme drought, excessive heat, and drier conditions make wildfires more severe and frequent in California. Residents often must evacuate their homes with little notice, and fires can consume their possessions in hours. Financial costs associated with wildfire damage can take years to recover in certain cases. Additionally, individuals who have lived through a wildfire may sustain injuries and face health problems months or years later.
Although wildfires and other dangerous weather events occur naturally, some are caused by human factors. Faulty electrical wiring and abandoned campfires can start fires that last days or weeks. Due to human error, some individuals may experience losses due to wildfires.
If you suffered injuries or property damage due to the negligence of an individual or corporation, consult legal professionals to know what your possible options are. Arash Khorsandi, Esq., and his team of wildfire injury lawyers can assist you in pursuing potential claims related to losses caused by these incidents.
Risks And Nature: Where In California Do Wildfires Occur?
California is naturally prone to wildfires due to its dry climate, dense vegetation, and varied topography. These factors determine the risk level of communities, categorized as moderate, high, or very high risk. A previous analysis found that over 2.7 million Californians live in very high-risk zones, including:
- Los Angeles County — Rancho Palos Verdes, Calabasas, La Cañada Flintridge, Palos Verdes Estates, and Malibu
- El Dorado County — South Lake Tahoe and Pollock Pines
- San Bernardino County — Lake Arrowhead
- Contra Costa County — Kensington
The analysis also identified regions with relatively few and limited evacuation routes, increasing the danger during emergencies. These areas include:
- Los Angeles County — Highland Park, Eagle Rock, Pacific Palisades, and Rancho Palos Verdes
- Ventura County — Newbury Park, Oak Park, Moorpark, and Bell Canyon
- Monterey County — Carmel Valley and Jamesburg
- San Diego County — Jamul, Ramona, and Scripps Ranch
- San Bernardino County — Big Bear, Minnelusa, and Sugarloaf
- Mendocino County — Brooktrails
- Tehama County — Lake California
- Riverside County — North Shore
- Orange County — Coto De Caza
Fast-moving fires and mass evacuations can create dangerous traffic jams, even in areas with multiple exit routes. The seasonal Santa Ana winds further heighten these risks by increasing the intensity and speed of wildfires.
Our wildfire injury attorneys in California understand that the effects of these fires on the community and individual lives of residents can be immense. Families can be displaced, and countless victims may face significant challenges in seeking relief and rebuilding their lives.
How Our Wildfire Injury Lawyers Can Help
Our legal team is committed to providing legal assistance as you navigate your wildfire injury claim. We begin by thoroughly evaluating your case and determining the next steps. Our wildfire injury lawyers will assess your property losses and injuries. We will explain the details of filing a claim and offer assistance in navigating this process. While homeowners’ or renters’ insurance might cover some losses, some wildfire victims may need additional funds to start over and rebuild.
Our personal injury attorneys can explore other options for compensation, depending on the circumstances. For example, a victim might participate in a class action lawsuit if the wildfire injured hundreds or thousands of individuals. They may also be able to file a separate personal wildfire lawsuit to pursue other damages. Our wildfire injury lawyers can gather all necessary evidence that may help you pursue the compensation for which you may be eligible.
Here’s how our wildfire injury lawyers can help with your case:
- Devise a strategy tailored to your unique situation.
- Consult experts to substantiate and support your claim.
- Take over communications with insurance companies on your behalf.
- Contact witnesses and victims who can support your claim.
- File the necessary documents, motions, and briefs in your case.
- Gather evidence and documents within the discovery deadlines.
- Conduct depositions if needed.
Our California wildfire injury attorneys can help you pursue a resolution through settlement agreements if this applies to your case. However, we are prepared to take your case to trial if negotiations fail and if this process is a more effective option for your situation.
Most Devastating Wildfires In California History
Millions of Californians have suffered due to the unpredictable nature of wildfires during the past several years. This phenomenon has caused property damage and personal injuries to hundreds of thousands of residents, leaving them struggling to recover.
In 2017, wildfires burned almost 1.6 million acres of land and claimed 47 lives. In 2019, wildfires throughout California affected around 277,000 acres, prompting thousands of people to leave their homes.
In 2023, the California Department of Forestry and Fire Protection (Cal Fire) revealed that 7,386 wildfires resulted in:
- Around 333,000 acres burned.
- 4 fatalities, including one civilian and three firefighter deaths.
- 179 structures destroyed or damaged.
Wildfires have caused billions of dollars in damage, injuries, and health issues. Here are some of the largest and most destructive wildfires that have occurred in California:
August Complex
The August Complex began in August 2020 due to numerous lightning strikes. It started as multiple fires that merged, with the largest being the Doe Fire. It eventually burned a record-breaking 1,032,648 acres in Mendocino, Humboldt, Trinity, Tehama, Glenn, Lake, and Colusa counties.
Although the fire was remote, it still destroyed 935 structures and caused significant ecological damage. Several communities were evacuated, and it took over two months to fully contain it.
Dixie Fire
The Dixie Fire in July 2021 was the second-largest wildfire in California history, burning 963,309 acres. The fire destroyed 1,311 structures and damaged 94, including much of the historic town of Greenville. One fatality was confirmed.
The cause was linked to a tree falling on PG&E power lines. Nearly 2,000 personnel fought the blaze and fully contained it in October 2021.
Mendocino Complex
The Mendocino Complex Fire, which started in July 2018, consisted of the Ranch and River fires. Combined, they burned 459,123 acres, destroyed 280 structures, and killed one firefighter.
The Ranch Fire was particularly devastating, burning 410,203 acres alone. It was started by a rancher in Potter Valley who accidentally sparked the fire using a hammer to drive a metal stake into the ground. While smaller, the River Fire caused significant damage, burning 48,920 acres.
The fire complex led to widespread evacuations in Mendocino, Lake, Colusa, and Glenn counties, disrupting the lives of thousands of residents. It took firefighters over a month to fully contain the complex.
SCU Lightning Complex
This incident is another example of lightning strikes causing massive damage. The wildfire was triggered by a lightning storm and consisted of 20 separate fires. It spanned multiple locations throughout Santa Clara, Alameda, Contra Costa, San Joaquin, Merced, and Stanislaus counties.
The fires burned a total of 396,624 acres in their midst. The fire complex destroyed 225 structures, damaged 26, and injured six individuals. It started in August 2020 and was contained in October 2020.
Park Fire
The Park Fire, allegedly ignited by arson on July 24, 2024, is still ravaging parts of Butte and Tehama counties. It rapidly spread from Upper Bidwell Park near Chico, burning over 400,000 acres, including more than 100,000 acres in the Lassen National Forest. It has quickly become California’s largest wildfire of 2024 and the fourth largest in state history.
Between Butte and Tehama counties, the fire has forced thousands of evacuations, destroyed nearly 640 buildings, and closed Lassen Volcanic Park.
Creek Fire
The Creek Fire started in September 2020 and continued until December 2020. It burned 379,895 acres in Fresno and Madera counties, becoming the third-largest fire not part of a wildfire complex. It notably led to the dramatic helicopter rescue of hundreds of campers trapped at Mammoth Pool Reservoir.
The fire caused zero deaths, although there were over 20 confirmed injuries. It destroyed 856 structures and caused significant damage to the Sierra National Forest. Its actual cause remains undetermined.
LNU Lightning Complex
Several major fires, including the Hennessy, Gamble, and Walbridge fires, merged into the LNU Lightning complex in August 2020. The series of fires, caused by lightning and arson, burned 363,220 acres. They caused six deaths and 1,491 destroyed structures. The event also threatened the wine regions of the Napa and Sonoma counties before it was contained in October 2020.
North Complex
The North Complex began as a series of fires ignited by lightning in August 2020. The Bear Fire, part of this complex, was particularly destructive, exploding in size in September due to strong winds. The complex killed 16 people and destroyed 2,455 structures, primarily in the communities of Berry Creek and Feather Falls. It burned 318,935 acres and was fully contained in December 2020.
Thomas Fire
The Thomas Fire started in December 2017, burning 281,893 acres before it was fully contained nearly 40 days later. It destroyed 1,063 structures and damaged 280 more. The incident also resulted in one civilian and one firefighter fatality.
Strong Santa Ana winds drove the fire, threatening Ventura, Santa Barbara, and several smaller communities. At one point, around 9,000 emergency personnel were working on the fire.
Cedar Fire
The Cedar Fire started in October 2003, 25 miles east of San Diego. It was ignited by a signal fire lit by a lost hunter in the Cleveland National Forest. Due to Santa Ana winds, it quickly spread, burning 273,246 acres. The fire resulted in 15 deaths and destroyed 2,820 structures before it was contained less than a month later.
$2,500,000.00
Suarez v. PLI Marketing Solutions (settled on 3/2/2022) – Settlement involving a forklift operator who fell off a loading dock crushing his left upper extremity when his brakes failed.– TINA ESHGHIEH
What Causes Wildfires In California?
Climate scientists, researchers, and academics who study climate change report that weather events and trends over the past decades have influenced the intensity and destructiveness of wildfires in California. According to Cal Fire, wildfires are more intense, and wildfire seasons last longer than before.
More residents will suffer from the dangerous effects of these events in the immediate future. This highlights the importance of addressing the causes to prevent wildfires and minimize risks.
Some begin due to natural events. Lightning strikes, for example, have caused widespread damage across millions of acres of land. Moreover, drought and heat significantly contribute to California’s surge in large wildfires. Climate change has worsened and prolonged drought conditions. Dry vegetation makes it more susceptible to ignition.
Each decade over the last 150 years has seen worse drought conditions. The 2020-2021 drought was especially severe, according to a climate change scientist at the University of California. Very dry winters followed by relentless summer heat created ideal conditions for wildfires. Heat waves further dry the landscape, allowing fires to burn more intensely and for longer periods.
However, wildfires often start due to human carelessness or random accidents.
Neglected Powerlines
Companies neglecting outdated power lines in rural areas have contributed to many wildfires in California. For example, the notorious 2018 Camp Fire started when powerful winds hit transmission lines. It caused approximately $16.5 billion in damage, forced 52,000 people to evacuate, and resulted in 85 fatalities.
The main causes were the utility company’s structures’ lack of proper upkeep and modernization. This was a major concern, as the towers holding the transmission lines had been there for nearly a century.
Investigations revealed that PG&E, the utility company responsible for the transmission lines, had been negligent. It was aware of the infrastructure’s vulnerabilities but did not take adequate action to address them. Lawsuits and settlements ensued, and as of September 2025, PG&E paid $13.7 billion to 65,941 claimants.
Downed Power Lines
External factors can also lead to downed power lines that cause fires. For example, the Witch Fire of 2007 and the Laguna Fire of 1970 were caused by power lines downed by the Santa Ana winds. The Dixie Fire started when a tree hit electrical distribution lines, leading to a massive blaze.
However, this doesn’t mean that the companies responsible for overseeing these structures are free of responsibility. In the case of the Dixie Fire, PG&E failed to increase fire safety precautions and maintain its equipment properly. They could have implemented safer solutions, like burying power lines, but chose not to due to costs.
As a result, the burden of the consequences fell on the residents. Many individuals have suffered from the extensive damage and losses caused by the wildfire. Wildfire injury attorneys in California have seen the devastating impact of corporate negligence on innocent people. We are dedicated to advocating for wildfire victims and holding negligent parties accountable where possible.
Equipment And Vehicle Use
The improper use of equipment often sparks wildfires in California. For example, the Cod Fire was ignited by a weed eater. Cal Fire reports that many fires begin when equipment is used inappropriately. The risk is increased in higher temperatures and drier conditions. To prevent such incidents, Cal Fire advises using equipment early in the morning, ideally before 10 a.m. It’s also recommended that a shovel and a water source be readily available.
Equipment and vehicle use can also lead to wildfires due to mechanical breakdowns or malfunctions. Certain components, like exhaust systems and catalytic converters, can reach temperatures high enough to ignite a fire. Sometimes, even the friction from dragging trailer chains on pavement can become a catalyst for wildfires.
Wildfire injury attorneys can also handle cases involving scenarios not immediately associated with fire risks. For example, a tire going flat may generate sufficient friction to ignite a blaze. Malfunctions in spark arrestors, faults in electrical systems, collisions, and rock strikes also present significant fire hazards. Additionally, something typically viewed as mundane, like refueling, can pose a fire risk under certain conditions.
Human Activities
Wildfires can start from a few people’s actions. A smoker carelessly discarding cigarette butts can easily ignite dry vegetation, causing widespread damage.
Meanwhile, a couple hosting a gender reveal party might cause a fire in the forest. This was an actual event in El Dorado County in 2020. The couple had used a pyrotechnic device, which led to thousands of acres being burned, homes destroyed, and a life lost.
Some other careless behaviors that can spark a wildfire include:
- Using fireworks near dry grass or brush.
- Leaving campfires and barbecues unattended.
- Leaving out towels and rags saturated with linseed oil.
The largest and most severe wildfires often garner media attention across the country. However, smaller wildfires do occur, and many victims suffer due to the damage caused by these fires. One incorrectly performed electrical repair job has the potential to cause a massive fire.
No matter what caused the fire in which you or your loved ones suffered injuries, California wildfire injury attorneys can help you pursue compensation for your medical bills, lost wages, and property repair or replacement costs. Attorneys can assist you when dealing with large corporations and insurance companies.
Injuries Caused By Wildfires In California
Wildfires in California not only lead to extensive property damage but also cause severe injuries to residents and emergency responders. The intense heat, smoke, and rapid spread of flames pose significant risks, even to those miles away.
Here are some common injuries sustained by wildfire victims:
Burn Injuries
Burns and other fire-related injuries are common during wildfires. Burn victims face severe and often irreversible damage to their skin and airways. Some only suffer from first-degree burns, which cause redness and pain to the affected skin. Second-degree burns are more serious, resulting in swelling, severe pain, and potential scarring.
Unfortunately, many wildfire victims sustain third-degree burns, the most severe type. These burn injuries penetrate through all layers of the skin to the underlying fat. The affected area could appear white, blackened, or charred. The immediate effects include severe pain, although the affected area might be numb due to nerve damage.
The medical treatment for burn injuries can be expensive, and recovery may be challenging. Some patients require numerous skin grafts and physical therapy to restore movement. Reconstructive surgeries may also be necessary to restore function and appearance, adding physical and emotional stress on the victim. Victims should not bear medical costs when their injuries result from another party’s negligence. In certain cases, wildfire burn injury lawyers may be able to pursue compensation for medical bills, ongoing treatments, and future care needs.
Injuries And Health Issues From Smoke Exposure
Fire-related injuries and health consequences resulting from smoke exposure can vary widely. Some lead to serious long-term health issues. Immediate effects of wildfire smoke include damage to the eyes, nasal passages, and throat. Tiny particles and toxic gases in the smoke can irritate these sensitive areas. Symptoms include redness, itching, burning sensations in the eyes, a runny or stuffy nose, and a sore or scratchy throat.
Smoke exposure can also increase the risk of heart attacks and other cardiovascular issues. Some common consequences include an increased heart rate, elevated blood pressure, and a higher likelihood of blood clots.
The long-term effects of smoke exposure are equally concerning. The accumulated smoke in the air can cause and worsen conditions such as asthma and emphysema. Over time, the lungs and airways may become increasingly inflamed and scarred. Victims might experience difficulty breathing, potentially leading to a significant decline in quality of life.
Injuries From Road Accidents
Roads can rapidly become congested with vehicles while everyone is fleeing the wildfire, causing chaotic driving conditions. Smoke from the wildfire often reduces visibility, making it difficult for drivers to see the road and other vehicles. This reduced visibility, combined with the urgency of evacuating, can result in accidents ranging from fender-benders to serious crashes. When this happens, you can reach out to our car accident lawyers for a free initial consultation.
Additionally, debris from the fire, such as burning branches or falling trees, can obstruct roadways. Animals running from the fire and people on foot can add to the confusion and likelihood of accidents. Victims of wildfires suffer from a range of injuries, including:
- Whiplash
- Head and brain injuries
- Spinal cord injuries
Other Injuries
The frantic and hazardous conditions during evacuations can lead to other injuries, such as:
- Broken bones from falling.
- Cuts and lacerations from running into sharp debris.
- Sprains and strains from stumbling over.
Some victims may not be aware of their condition while on the run. The adrenaline rush during evacuation can mask the pain and severity of injuries. Some might experience pain, but getting their pets, kids, and loved ones to safety also takes precedence.
Individuals might only realize the extent of their harm once they reach safety. By then, the injuries might have worsened. While it’s crucial to seek medical attention immediately, it’s equally important to explore options for compensation. Some injuries may require long-term or even lifetime care. Experienced wildfire injury lawyers can inform you about potential ways to pursue payment for your ongoing treatment or disability.
Wrongful Deaths
Wildfires have caused numerous deaths in various ways. Some victims succumbed to the heat in their vehicles while fleeing, others were burned, and others were trapped by falling debris or overcome by smoke inhalation. Families are left grieving. Those who lost loved ones due to human error seek justice.
Wildfire injury attorneys may assist families in filing wrongful death claims and seeking compensation where appropriate. The possibility of a recovery still depends on the details of the case.
Wrongful death claims seek monetary compensation for damages related to the loss of a family member. These damages include loss of financial support, loss of consortium, and funeral costs. Contact (888) 488-1391 to understand your rights. Our firm’s wildfire injury lawyers can assist in explaining wrongful death claim procedures.
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California Wildfires And Potential Damages You Can Claim
Did you or your family members suffer injuries in a wildfire in California caused by someone else’s negligence? You might be able to seek financial compensation for the associated costs. However, the outcome still has to depend on available evidence and documentation regarding your case. The following are the most common damages associated with wildfire injuries:
Medical Expenses
These include all expenses related to your injuries, which may include:
- Physical therapy costs
- Current medical bills
- Future medical bills
These monetary losses are relatively straightforward to prove in a claim. Receipts, bills, and other supporting documents can demonstrate the exact value of these damages. Wildfire injury lawyers can assist you in calculating the total amount and gathering the necessary documentation.
Property Loss And Other Damages
Wildfires cause more than just injuries; they result in extensive property loss and other damages. Homeowners will have to deal with scorched lawns, dead trees, and damaged structures. Wildfires also often burn hot enough to sterilize the soil, making it difficult to regrow plants. Without compensation, they may have to spend thousands of dollars to revive their lawns.
Business owners, for instance, may lose livestock, while vineyard and winery owners may suffer profit losses from destroyed products. Severe wildfires often lead to extensive crop damage, affecting large and small agricultural operations. Additionally, businesses may lose essential equipment such as tractors, trailers, and barns.
It may be possible for some individuals to file a claim for the property’s repair or replacement costs. Some insurance policies might cover the following expenses:
- Home repairs or reconstruction, including materials and labor.
- Housing alternatives while your home is being repaired.
- Landscaping or swimming pool restoration.
- Repairs involving the roof, pipes, and water supply.
However, some insurance policies have caps limiting the coverage available. This may prevent individuals from fully replacing their lost real and personal property. As a result, some homeowners and business owners could face significant out-of-pocket expenses, making recovery even more challenging.
Wildfire injury attorneys in California can help you navigate these limits and pursue the compensation that may be available to you. They can also assist you in filing a claim against the negligent party and their insurer as permitted by law.
Work-Related Damages
Lost income from wildfire impacts might be compensable, depending on the circumstances. In some cases, this might include future earnings, especially if your workplace has closed down because of irreparable damage.
You may also be able to apply for unemployment assistance under the Employment Development Department (EDD) or the Federal Emergency Management Agency (FEMA). You have to meet certain requirements to qualify, such as:
- Being out of work due to the wildfire.
- Being unable to work because of an injury caused by the fire.
- Being available to work (unless injured) and having not refused a job offer.
Many types of compensation may be available to some wildfire victims, based on their situation. Feel free to consult our California wildfire injury attorneys for your options.
Intangible Losses
Wildfire survivors can also experience intangible damages. They can experience emotional and psychological harm caused by the event or their injuries. If a negligent individual caused the wildfire, you might have options to pursue monetary compensation from them for these losses.
These are called non-economic damages and can include:
- Loss of enjoyment
- Severe emotional distress
- Pain and suffering
- Depression or anxiety
- PTSD
- Loss of quality of life
- Loss of consortium
- Grief or mourning
These losses are subjective and harder to prove in a claim. Wildfire injury lawyers may need to work with economists, financial experts, and medical professionals to thoroughly assess and substantiate the full extent of your non-economic damages.
Punitive Damages
Compensation for economic and non-economic damages is meant to help victims. Punitive damages are sometimes awarded in rare cases involving particularly reckless or intentional misconduct. These damages serve a dual purpose:
- They act as a deterrent to prevent the wrongdoer and others from engaging in similar conduct in the future.
- They provide a sense of justice and retribution for the victim.
Punitive damages are not awarded in every case. They are typically reserved for situations where the defendant’s actions were especially harmful or malicious. Wildfire injury lawyers will assess if these damages apply to your case.
How Is Liability Determined In California’s Wildfire Cases?
Note that not all wildfires are caused by someone else’s negligence. For example, events caused solely by natural disasters might not make a victim eligible for a personal injury claim. Some might get compensation from their insurance policies, but this is also not a fail-safe method.
To determine if a claim is valid, your attorney will analyze your case and the available evidence. Then, they’ll need to establish liability. In California, this could be based on negligence. An individual or entity that caused or contributed to the wildfire in some way may be held financially responsible for the victim’s losses, given there is legal proof of their liability. This involves a detailed investigation to establish fault and link the responsible party’s actions or inactions to the wildfire.
Determining liability involves proving four key elements:
- Duty of Care — The at-fault party had a duty to avoid causing harm to others. For example, individuals must avoid activities that would reasonably cause a fire, and utility companies are legally obligated to perform maintenance to avoid fire risk.
- Breach of Duty — They did not perform the expected action or level of care. This could mean a utility company failed to perform routine maintenance or an individual conducted an illegal burn.
- Causation — Their wrongful action or inaction is directly tied to the incident. This element involves proving that their negligent behavior led to the ignition that sparked the wildfire.
- Damages — You incurred losses as a result of the wildfire. These can include medical expenses, PTSD, lost wages, and more.
Liability can be a complex subject, especially in a large-scale event like a wildfire. Government bodies will be involved in investigations, and things can get complicated quickly. Victims who are already dealing with injuries, loss of property, and emotional distress may be unprepared for these challenges.
California wildfire injury attorneys may be able to assist you with complex legal and insurance matters. They can investigate your case and pursue compensation for you, depending on the facts of your claim.
Who Do I Sue For My Wildfire Injuries?
The person or entity that has proven to be negligent could be responsible for compensating you.
Here are some parties that wildfire insurance claim attorneys may be able to hold liable for your injuries:
- Utility Company — The utility company can be liable if the wildfire starts because of sparks or downed lines. Investigations will determine if the company was negligent in maintaining the power lines or failed to implement timely shut-offs during high-risk conditions.
- Government Agency — Even after a wildfire has started, negligence can still be a factor. For example, if a government agency fails to issue timely evacuation announcements or warnings, it can be held liable for worsening the situation and increasing the risk to residents.
- Property Owners — Property owners may be liable if their negligence contributed to the spread of the wildfire. Examples include failing to clear dry vegetation or maintain firebreaks.
- Third-Party — Human error is responsible for 85% of wildfires, so this angle will also be analyzed. For instance, if a lit cigarette started the fire, the smoker can be held liable for not disposing of it properly.
In certain cases, multiple parties might share responsibility for the wildfire and resulting injuries. This complex situation requires an intensive investigation to uncover all responsible parties and their respective contributions to the wildfire.
California wildfire litigation attorneys can assist victims if the case involves these kinds of complexities. They will conduct a thorough investigation to identify potentially liable parties.
What To Do Before Filing A Wildfire Damage And Injury Claim
You may be overwhelmed by the nature and extent of the losses caused by a wildfire. You may have lost your home, your business, and your cars. Still, recovering financial compensation for your losses might be possible through a personal injury claim.
There are several actions you may want to consider before filing a fire damage and injury claim:
- Contact California wildfire injury attorneys for legal guidance. They work to protect your interests and advocate for you at settlement negotiation talks.
- Gather all evidence demonstrating your actions on the day or night the fire occurred. Your claim might be dismissed if the insurance company can prove you were to blame for your injuries and property losses. Your insurer may also deny your claim if it determines that your damages were unrelated to the fire.
- Collect all receipts and bills associated with the wildfire. These may include temporary housing agreements, rental car bills, cleaning service receipts, bills from home repair contractors, and debris removal costs.
- Document everything, including your injuries and other damages. Keep a copy of your medical records, doctor’s notes, and treatment plans. If it’s safe, return to your home to take photos or videos of the damage to your property.
- Create a written document recording what you have lost due to the wildfire. If it applies, you may include a list of lost earnings and personal property, including purchase dates and costs. A record of losses might be able to help you when you file a wildfire-related claim. This record serves as evidence of the damages incurred.
Unfortunately, some insurance companies can be challenging to deal with. Experienced wildfire insurance claim attorneys are knowledgeable about this process and are capable of assisting you in pursuing financial compensation.
How Long Do You Have To File A Wildfire Claim In California?
The statute of limitations governs the deadlines related to filing claims. In California, here are some important timeframes to keep in mind:
- Personal Injury Lawsuits — You typically have two years from the incident date to file a case against the liable party.
- Property Damage Claims — The statute of limitations is generally three years from the date the damage occurred.
- Government Claims — If your claim involves a state or local agency, you must file an administrative claim within six months.
- Insurance Claims — You must file a “notice of loss” with your insurance provider within the stated deadlines. This period varies depending on the company and policy, but it’s usually between 30 and 60 days.
Depending on the circumstances, some exceptions or extensions might apply. Wildfire lawyers often advise victims to initiate claims as soon as possible. Missing the filing deadline can result in your claim being dismissed.
Insurance Policies And California Wildfires
Wildfire damage may be covered under the fire and allied perils clause in your insurance policy. Depending on your specific plan, you may have the following coverages:
- Dwelling — For the costs of rebuilding or replacing your home’s physical structure.
- Other Structures — Provides financial support for rebuilding or replacing unattached structures.
- Personal Property — Pays for personal items damaged in the wildfire, including appliances, clothing, furniture, etc.
- Loss-of-Use — Covers the costs of hotel stays, transportation, meals, and other expenses.
Many fire insurance policies also have impact damage coverage. This may provide compensation for property damage caused by vehicles, falling trees, debris, and other objects.
Many Californians who suffer extensive losses during wildfires expect their homeowners’ insurance policies to cover the full extent of the damage. However, insurers may deny claims, and policy limits may fall short of covering the full damage caused by a wildfire.
What Is The Deductible For A Wildfire In California?
The deductible for wildfire damage in California depends on the specifics of your homeowner’s insurance policy. This is usually separate from the standard deductibles for other types of claims. Most standard policies have a fixed dollar amount. However, in high-risk areas, some insurers may impose a percentage-based deductible for wildfires. This is usually between 1% and 5% of the insured value of the home.
What To Do If Your Claim Is Denied
If an insurance company denies your claim, consulting with wildfire claim lawyers about what possible options you may have based on your situation is advisable. Under California law, insurance companies must engage in good faith and fair dealing when processing claims. This means they must handle claims promptly, thoroughly, and fairly, all in accordance with the policy. However, if they fail to do these and arbitrarily deny your claim, you may have grounds to bring a bad faith claim against them. You may consult our attorneys to evaluate your claim.
The following are examples of actions that may constitute bad faith:
- Maliciously altering or adjusting investigation findings.
- Denying a claim with no explanation or justification.
- Misrepresenting the specific provisions of an insurance policy.
- Lying about what is and is not covered under an insurance policy.
- Undervaluing insurance claims.
- Ignoring requests to respond to an insurance claim.
- Excessive delays while processing an insurance claim.
In a bad-faith insurance claim, you may be able to include the additional expenses incurred due to the delay or wrongful denial. You may recover your attorneys’ fees, court costs, and emotional distress damages, depending on the available documentation and other evidence.
What If Your Insurance Does Not Cover A Wildfire?
If you can’t file a claim with your insurance provider, you may still have other options for compensation if another party’s negligence contributed to your losses. Some options include filing a claim with the at-fault party’s insurance company or joining a class-action lawsuit against a negligent utility company. Consider consulting California wildfire injury attorneys to learn more about your options.
Steps To Take After A Wildfire In California
Ensuring your own, your family’s, and even your pet’s safety is a necessary first step, though it is typically followed by a series of practical actions. To help you navigate this challenging time, here’s what you can do:
- Find a Safe Place to Stay — If the wildfire has displaced you and your family, find a safe location far enough from the smoke to avoid health issues but close enough to manage necessary tasks. This could be a hotel, a friend’s or family’s house, or a shelter.
- Seek Medical Attention — Get a thorough check-up to address any health issues right away. Ensure your pets are also examined, as they might have injuries that are not immediately noticeable.
- Maintain a Journal — In addition to documenting property damage, you should also document your injuries and how they have affected your life. Write about your daily struggles, including the pain you’re experiencing, your worries, and your thoughts. This detailed account can later help prove the extent of your pain and suffering in a claim.
- Consult with California Wildfire Liability Lawyers — Discuss your legal options with attorneys. They might be able to guide you through the legal processes that may apply to your specific situation.
What Not To Do After A Wildfire
It’s also important to be aware of actions that you may need to avoid, including:
- Perform Repairs on Your Home Immediately — Most people want to put tragic events behind them as soon as possible. Your first instinct could be to start repairing damaged items and rebuilding your life. However, it’s advisable to avoid doing so right away. Insurance adjusters won’t be able to accurately assess the extent of your damages if you made the repairs before they were able to check them.
- Use Social Media Applications — Some insurance claims adjusters and lawyers may monitor your social media accounts to determine if you are fabricating your personal injuries or property losses. Even an innocent post, such as a photo during a vacation or of a recent purchase, can be twisted against you. They may use these posts to undermine your claim, even if unrelated.
Certain decisions and actions may affect your legal matter. If this seems too stressful, our California wildfire injury attorneys can guide you and provide support to help you make informed choices.
Why You Need Our Experienced California Wildfire Injury Attorneys
Navigating a wildfire injury claim may involve numerous challenges that require legal guidance. Wildfire injury cases can be complicated and can cover many different areas of law. Extensive wildfires can affect thousands of California residents, and investigations may require months and years of effort. The case could become complicated if a corporation, such as a utility company, is responsible for causing the wildfire.
There are certain challenges when it comes to filing insurance claims. Some claims adjusters may deny claims without valid reasons. Insurance companies frequently conduct thorough claim reviews and may challenge coverage. Some insurers may employ strategies to reduce claim settlements.
Experienced wildfire injury attorneys work to protect your rights and can represent you in court. These lawyers understand the complications facing wildfire victims and their families.
Can I Afford The Legal Services Of California Wildfire Injury Attorneys?
Wildfires can lead to injuries that significantly or permanently alter an individual’s life. Some homeowners could lose everything they own in a matter of hours. Californians face more severe fire seasons yearly. In such devastating events, worrying about the costs of legal services should be the last thing on your mind.
Wildfire injury lawyers believe everyone deserves access to quality legal representation. To make their services accessible to victims, no matter their immigration status or financial standing, most of them offer free initial consultations. Furthermore, some lawyers work on a contingency fee basis. If you decide to pursue a claim with their help, you don’t have to pay upfront fees. You will not pay legal fees unless they obtain compensation for you, as provided in your contingency fee agreement.
Frequently Asked Questions About California Wildfire Injuries
Who Would Pay For My Injuries In A Wildfire?
Depending on the circumstances, different parties may be responsible for paying wildfire damages. Potential sources of compensation include:
- Insurance companies
- Utility companies
- Government agencies
- Negligent individuals or entities
If you have been injured in a wildfire, California wildfire lawyers may be able to investigate your case thoroughly, identify all potential sources of compensation, and work to help you pursue damages depending on the details of your case.
What Type Of Humanitarian Damage Occurs In A Wildfire?
Wildfires could inflict devastating damage, including injuries, fatalities, and the displacement of residents. These disasters may disrupt access to essential services such as healthcare, education, and utilities, compounding the challenges affected communities face. The destruction of businesses and loss of employment may result in significant financial hardships, impacting the entire community. Additionally, these fires have destroyed irreplaceable historical sites, cultural landmarks, and community assets.
What Is A Wildfire Action Plan?
A Wildfire Action Plan is a comprehensive strategy designed to prepare individuals and families for the threat of this catastrophic event. It includes several key points, such as:
- Creating a defensible space
- Fire-smart landscaping
- Designating a meeting location outside the fire or hazard area
- Identifying escape routes
- Developing an evacuation plan for pets and large animals
- Assembling an emergency supply kit
With this comprehensive Wildfire Action Plan, Cal Fire hopes to save many lives and reduce damage.
What Is Wildfire Litigation?
Wildfire litigation is a challenging process aimed at helping victims pursue the available compensation for them. This involves legal actions to establish who’s responsible for the wildfire and to cover the damages it caused. These cases require thorough investigation, expert testimony, and a deep understanding of property and damage laws.
Experienced California wildfire attorneys can work with experts to identify potentially liable parties and calculate damages. Their goal is to help you explore available solutions for your situation.
When Does California Wildfire Season Start And End?
Fire season in California typically spans from April to October. During these months, the state is particularly susceptible to wildfires due to the dry climate and dense vegetation. In Southern California, the risk escalates in October and November due to the hot and dry Santa Ana winds. This phenomenon can rapidly spread fires across large areas.
However, wildfires have occurred outside this window. The devastating 2018 Camp Fire, which claimed 85 lives and destroyed the town of Paradise in November, proves that wildfire risk can persist year-round, especially when human negligence is a factor.
How Often Do California Wildfires Occur?
Since 1983, the National Interagency Fire Center has recorded an average of around 70,000 wildfires a year, but the actual total for the first several years may have been much higher.
There has also been an increase in the extent of area burned each year since the 1980s. The top ten years with the largest total area burned, including the peak years of 2015 and 2020, have happened since 2004. Many of the warmest years on record in the country have occurred over this period. The spring and summer seasons have seen the biggest growth.
Who Is In Charge Of Wildfires In California?
The California Department of Forestry and Fire Protection primarily oversees wildfire management. The organization is responsible for fire protection and forestry management on state and private lands, focusing on fire suppression, prevention, and recovery efforts. The Department’s Fire Prevention Program includes wildland pre-fire engineering, vegetation management, fire planning, education, and law enforcement.
Cal Fire works closely with other key agencies, including:
- United States Forest Service (USFS) — manages national forests and handles fire suppression on National Forests and Grasslands
- Bureau Of Land Management (BLM) — manages public lands, including extensive areas in California
- National Park Service (NPS) — involved in fire management in national parks
- California Office Of Emergency Services (Cal OES) — coordinates state-level emergency response and disaster recovery
- Municipal And County Fire Departments — handle wildfire response within their jurisdictions
What Percentage Do Most Wildfire Injury Lawyers Take In California?
Most California wildfire damage lawyers work on a contingency fee basis, meaning they only get paid if they recover compensation for you. The terms can vary depending on several factors, such as the case complexity and when it resolves. Your attorney can walk you through the fee agreement in detail to set your expectations.
Does Homeowners Insurance Cover Wildfire Damage In California?
Home insurance coverage for wildfires depends on the specific policy and your location. Generally, wildfire damage is included as a covered peril, similar to dry lightning strikes, house fires, and other related events. However, in areas deemed very high risk for wildfires, homeowner’s insurance for wildfire damage might be limited or come with higher premiums. Contact your insurance provider to understand your coverage and any potential limitations.
Which Area Is Not Protected By Most Homeowners Insurance?
Most homeowner policies don’t cover damages caused by:
- Wear and tear
- Neglect
- Pests and infestation
- Flooding and earthquakes
- Power outages
- Mold
If you have fire insurance, you can only claim compensation for items that were directly damaged by the fire. For example, you cannot claim for shoes that have naturally worn out over time if they were not affected by the fire.
Does Insurance Cover Smoke Damage From Wildfires?
Most standard homeowner’s insurance policies cover smoke damage from wildfires. This coverage usually includes damage to the structure of your home and personal belongings. However, the extent of coverage can vary based on your location and the policy’s specific terms. It’s best to review your policy details and speak with your provider to understand your coverage for smoke damage.
What If I Rented My House? Can I Sue For Wildfire Damage In California?
You can still file a claim for compensation for your personal belongings damaged within your rented home. If a wildfire affects your rented house, your renters’ insurance might cover replacing or repairing your belongings. Additionally, if your rental becomes uninhabitable, your policy may also cover the expense of temporary housing.
It’s crucial to promptly inform your landlord about the damage. They need to assess the situation and may have insurance that covers the property’s structure. You may also have to talk with them regarding your lease. If the property is severely damaged or destroyed, the lease may be terminated automatically or through mutual agreement.
Review your lease agreement and local tenant laws to understand your rights and obligations. It should contain information about handling the security deposit and prepaid rent. You can also consult wildfire damage lawyers in California to learn more about your rights.
Are Wildfire Settlements Taxable In California?
Most components of wildfire settlements are non-taxable, including compensation for personal injury, physical sickness, and emotional distress. Payment for damaged property used as the principal residence is also tax-exempt. However, compensation for lost income, accrued interest, or amounts related to a previously claimed casualty loss deduction are subject to taxation.
What Is The Cost Of Damage From Wildfires?
Wildfires in California have caused extensive economic, fiscal, and environmental damage. Total costs have been estimated at $117.4 billion between 2017 and 2021. This included firefighting expenses, destruction of homes and infrastructure, loss of life, reduced air quality, and ecological impact.
Additionally, the state experienced an annual loss of $60 billion in wage and salary income. This resulted in an estimated annual loss of $3.6 billion in income tax revenue.
As a result, state spending on fire suppression has also surged. Cal Fire’s budget increased from under $1 billion in 2006-2007 to nearly $3.9 billion in 2021-2022. These costs are expected to rise as climate change leads to more frequent wildfires.
How Do You Know How The Wildfires Started?
Investigating the origin of wildfires involves a detailed process. Fire investigators work with firefighters to assess the scene, identify the fire’s origin, analyze burn patterns, and interview witnesses. They collect physical evidence and conduct scientific analysis to determine the cause, which could be accidental, natural, or due to human activity.
Firefighters may also consult with specialists, such as electrical engineers and meteorologists, to understand all contributing factors. Once the investigation is complete, a detailed report outlining the findings is compiled.
It is possible for California wildfire injury attorneys to collaborate with these investigators. Lawyers may be able to use the reports and evidence gathered to build cases for clients. They work to establish accountability and seek available compensation for wildfire-related damages.
How Long Does It Take To Settle A Wildfire Injury Case In California?
Each case is different, but wildfire injury attorneys may pursue resolutions through settlement when appropriate. Given the complexity of such cases, most wildfire claims can take anywhere from a few months to several years.
Who Can File Wildfire Injury Claims In California?
Victims who were injured or sustained damages due to the wildfire may be eligible to file a claim. The legal system allows individuals, regardless of their immigration, socio-economic, or employment status, to seek compensation for injuries and damages, provided their situation meets the necessary criteria. Our wildfire injury attorneys in California are committed to providing legal support to victims, including undocumented immigrants.
What If I Don’t Speak English? How Can I File A Wildfire Claim?
We can help you with your wildfire injury case even if you don’t speak English. Our law firm has access to translators in every language to maintain clear communication throughout the legal process. We can help your voice be heard by providing a translator for medical appointments and legal proceedings that may be necessary for your situation. Our wildfire injury attorneys may be able to front the costs of these services so that you can receive support and representation. Contact our lawyers if you want to learn more about this option.
Call Our Wildfire Injury Attorneys In California
We understand the challenges that wildfire victims face. The sudden loss of a home and possessions, along with the physical and emotional strain, can be overwhelming. Health issues and injuries could persist for months or even years. Meanwhile, the financial burden of rebuilding can plunge some families into debt. Our California wildfire injury attorneys are here to provide legal support and guidance during this difficult time.
From evaluating your case to explaining your legal rights and options, we are with you every step of the way. We will work to help you understand the challenges that can arise with insurance companies in wildfire cases. Our lawyers assist clients in pursuing remedies if insurers act in bad faith. Our team can also support victims in dealing with FEMA, Cal OES, and services like debris removal.
If you or a loved one suffered injuries or property damage during a wildfire, contact Arash Law. Our attorneys can help assess whether another party might be liable for your damages. Led by Arash Khorsandi, Esq., we have experience in representing injured clients.
Call our firm at (888) 488-1391 to schedule a free initial consultation. Our wildfire injury law firm serves clients throughout California, including those in San Francisco, Riverside, Sacramento, San Jose, Los Angeles, San Diego, Sherman Oaks, and the rest of California.
