I have insurance. Why do I need a lawyer?
Insurance does not cover all losses in a wildfire for three main reasons:
- Most people are underinsured for personal or business losses.
- Property items are depreciated by the insurance company so that the payout won’t replace the lost items.
- Many categories of damages are never covered by insurance such as emotional damages, erosion, or lost income or in very rare instances landscaping and trees.
Wildfire Recovery Attorneys have successfully fought to recover money for insured homeowners to compensate them for uninsured losses, including damages related to the stress and inconvenience caused by the fire and being displaced.
I don’t like the idea of lawsuits. Why do I need an attorney?
After tragedies, our clients find our lawyers and staff helpful in dealing with insurance companies, emergency services and recovering their losses from the responsible utility companies. Our group of experienced fire attorneys and staff will help you navigate these issues. You will always have access to someone who can answer your questions and offer assistance.
We DO NOT take a percentage of your recovery from insurance. We will help you with your insurance claims without taking any portion of your insurance recovery.
To receive compensation for your losses from the utility companies you will need an attorney to help navigate the lawsuit process. We hire experts in electrical engineering, metallurgy, fire investigation, tree valuation, erosion, home building, and other areas to establish liability and prove your damages.
Who can be held liable for the fire?
If you are a homeowner or business owner who has lost property or suffered other damages in a fire, you may be able to recover for your losses by filing a lawsuit against the utility company that caused it.
Utility companies have easements across property throughout the country for the purpose of installing and maintaining the equipment and lines required to deliver power. Ownership of gas and electric lines comes with a legal responsibility to maintain the company’s delivery network to ensure that their equipment does not cause loss of life, health, or property to the individuals, families, and businesses in the surrounding areas. These are just a few of the maintenance tasks utility companies need to do to avoid sparking wildfires:
- Removing trees that could fall onto power lines and ignite a fire
- Clearing brush and vegetation near electric lines and gas pipes that could fuel a fire
- Coating poles with fireproof materials
- Separating power transmission lines to avoid arcing electrical currents
- Forbidding maintenance personnel from smoking on the job
When utility companies fail to take these and other precautions and a fire occurs, those who have suffered losses have the right to recover money as compensation for their damages, which may include:
- Bodily injury
- Loss of a home and/or adjacent structures
- Loss of personal property
- Loss of a business structure
- Loss of agricultural property and products
- Loss of business or agricultural income
- Wrongful death
The Wildfire Recovery Attorneys have the experience and record of success you need for this type of claim. We have access to various professionals who form an important part of our investigative team and are able to provide expert testimony to help prove your case. Our attorneys are thoroughly experienced in preparing and presenting the meticulously documented utility company fire liability cases that consistently succeed winning in fair payouts for victims.
What if I don’t have insurance?
Wildfire Recovery Attorneys will help homeowners, renters and business owners who did not have insurance at the time of the fire. If the fire was caused by a public utility company’s negligent, careless, or deliberate behavior, then you are entitled to compensation whether you have insurance or not.
How are the attorneys paid/what is your retainer?
There is no financial obligation or risk of hiring us. We work on contingency, meaning you don’t pay anything unless we recover money for you. We advance all costs ourselves. We will never ask you to pay money out-of-pocket to us.
Do you handle wrongful death lawsuits related to wildfires?
Yes, the Wildfire Recovery Attorneys have decades of experience handling complex wrongful death cases against large corporations. We have successfully recovered millions of dollars on behalf of our clients. While money will never replace a loved one, it is important to hold corporate entities responsible for their actions. Additionally, our team of lawyers and staff have handled cases on behalf of thousands of victims of wildfire cases in the recent 2015 Butte Fire, the 2017 North Bay Fires, the 2017 Southern California Fires, and the historic Camp Fire and Woolsey Fire of 2018.
Who Can File a Wrongful Death Lawsuit?
In California, only certain people can file a wrongful death lawsuit on behalf of their family member or loved one. The guidelines are found in the California Code of Civil Procedure Sections 377.60 to 377.62.
Generally, the laws governing wrongful death cases allow the following individuals to file a wrongful death case:
- A domestic partner or surviving spouse; and
- The children of the decedent.
If there is no surviving spouse, domestic partner, or children, then the following individuals can file a wrongful death case:
- Dependents of the decedent;
- A “putative” spouse (this is a spouse who did not have a valid marriage under the law for some reason but has a “good faith” belief that the marriage was valid under California law;
- Children of a putative spouse;
- Stepchildren
- Parents
How Long Do I Have to File a Wrongful Death Lawsuit?
In California, there are statutes of limitations that are deadlines by which you have to file a lawsuit. For most personal injury claims and wrongful death cases, you have two years from the date of the victim’s death to file a wrongful death suit. Having collectively represented hundreds of wrongful death claimants in lawsuits throughout the country, we understand how difficult it is to talk about the case soon after the incident occurred. It is important, however, that you contact an attorney when you are ready to discuss your case so that you can fully understand your rights.
What type of Recovery is Available in a Wrongful Death Case?
A wrongful death case is intended to provide monetary compensation for your loss. These losses include medical expenses incurred prior to the victim’s death and any funeral or burial expenses.
You are also able to recover economic damages such as loss of income.
Equally important are the noneconomic damages that you are entitled to recover. These include the pain and suffering from the loss of your loved one.
What damages can I seek reimbursement for?
Discovering that a fire has destroyed your home can be emotionally shattering; discovering that your insurance won’t cover the costs to rebuild your home makes it that much more difficult to bounce back and get on with your life after a home fire.
In situations where there is not enough insurance to cover all your home fire damages, the Wildfire Recovery Attorneys can step in to help. We will look to the source of the fire that took your home and work to identify the party who started the fire or created conditions that encouraged it to spread. We will then make a case to prove that party’s liability and will make a claim for the many damages that aren’t covered by your homeowners’ insurance.
Fire is an incredibly destructive force capable of causing untold amounts of damage to a structure and to a family’s sense of well-being. The kinds of economic and non-economic damages fire victims often suffer include:
- Smoke damage
- Structural damage
- Loss of personal possessions
- Burns and bodily injuries
- Roof collapse
- Melting
- Plumbing damage
- Water damage
- Electrical damage
- Loss of trees and landscaping
- Emotional anguish
- Stress
- Post-traumatic stress disorder (PTSD)
- Depression
- Anxiety
- Inconvenience
- Homelessness
- Personal or business income
You’re entitled to recover for your lost or damaged structures, injuries suffered in the fire, emotional distress, personal property, items of sentimental value, and alternate living expenses until your home has been replaced. In some cases, you may also recover punitive damages. Insurance does not compensate you for the anguish and inconvenience that comes with losing your home and a lifetime’s worth of possessions; however, we will fight to win you compensation for the emotional distress and difficulties you face in the aftermath of a destructive fire.
What if I rented my house?
Renters who lose all of their possessions in a fire typically have significant personal property losses. It is costly to replace furniture, cookware, clothing, and other items that we tend to collect over a lifetime. Renters also have intangible damages related to the stress and anguish caused by the fire and its aftermath.
What happens if my business interruption limits are reached?
Most commercial insurance policies covering businesses will have a component of insurance called Business Interruption Insurance or Coverage. The purpose of this type of coverage is to supplement or replace your business’ income during any downtime.
Depending on your policy limits and the extent of damage to your business, these limits may be exhausted before your business may be able to get back up and running. With the help of our experts, we can assist you in ascertaining and maximizing any business interruption claims. Any losses above and beyond your coverage are those that we would try and recover from a responsible party. As with the homeowners’ claims, we DO NOT take a percentage of recovery of your insurance proceeds. That recovery is yours, and yours alone.
What is FEMA and how does it work?
FEMA, the Federal Emergency Management Agency, works to support the citizens and first responders to provide emergency services, including temporary housing allowance and supplies, after a national disaster. For more information on services available through FEMA, contact FEMA. Our lawyers and staff have experience in helping families with the FEMA application process and they would be happy to work with you and your family during this difficult time.
Can I seek damages for the loss of my trees or crops?
Yes, wildfires can do serious damage and cause catastrophic amounts of economic loss when they rage through agricultural land or residential properties.
Cattle pastures have been the hardest hit agricultural land in recent wildfires, with thousands of acres of grazing land being destroyed, forcing owners to sell their herds as a result of the loss of their primary food source. Among the crops destroyed, avocados have been hardest hit as fires burn through mountain valleys, scorching trees, and damaging the fruit. Lemon and other citrus trees are important Southern California crops that are susceptible to fire damage, along with cabbage, beets, and berries. In addition to losing crops, animals, and pasture, farmers may lose machinery and agricultural equipment, for example irrigation systems and plastic crop covers used in berry cultivation.
Trees on residential properties serve many purposes: framing and providing background for the home, creating a privacy screen, cooling the home by providing shade, functioning as a windbreak, purifying the air, and providing shelter for wildlife are just a few. These and other functions often give significant value to a tree that may be destroyed in a fire.
Many people who have had their property damaged by fire are not fully aware of the value of a mature tree, which can sometimes be tens of thousands of dollars. You have the right to seek compensation for all the damage to your property, including loss of trees that took many years to grow.
We work closely with professional arborists who help us determine the economic value of a tree based on its type, size, age, condition, placement, function, and aesthetic contribution to the property. With this expert input, our Wildfire Recovery Attorneys are often able to prove the value of the trees and will work to see that you are adequately compensated for the loss.
Can I file a lawsuit for injuries related to a wildfire?
Yes, fires can cause two types of serious injuries: smoke inhalation and burns. Victims of fire-related injuries may be able to claim compensation if they can demonstrate that another party’s negligent or wrongful act caused their injuries.
Wildfire Recovery Attorneys has years of experience and an impressive track record of recovering money for clients suffering fire-related injuries, long-term health problems, and loss of property. We have the skill and expert resources to conduct a thorough investigation to determine the cause of the fire and to identify the party responsible for the condition that resulted in the fire that injured you.
Our attorneys are fully prepared to fight for your right to a recovery of both economic losses such as medical expenses and lost earnings as well as damages to your quality of life, such as pain, suffering, disfigurement, emotional anguish, and psychological trauma.