California wildfires have caused devastating damage to homes, businesses, and communities across the state. For those affected, navigating insurance claims, legal options, and recovery can be overwhelming. On this page, our California wildfire attorneys at Wisner Baum answer the most common questions wildfire victims have about filing claims, pursuing lawsuits, and understanding your rights. Whether you are a homeowner, renter, or business owner, these answers will help guide you through the process of seeking compensation and rebuilding your life after wildfire losses.
Safety comes first: Evacuate as needed, seek emergency help if injured, and notify authorities. Next, document all damage with photos and video before cleaning up. Save all receipts and expenses for lodging, emergency supplies, and repairs. Contact your insurance company and a California wildfire lawyer right away for guidance.
Not always. Insurance settlements are often lower than the true cost to rebuild or fully recover your losses. Consult with a wildfire attorney before accepting any offer. A lawyer can review your policy, your damages, and help ensure you don’t waive your right to more substantial compensation by accepting a low or insufficient payout.
Yes. Renters may be eligible for both insurance claims (for lost personal property or belongings) and lawsuits if the fire was caused by someone’s negligence—such as a landlord, utility company, or other third party. Many mass-tort wildfire cases include renters, not just homeowners.
In California, most wildfire claims must be filed within two years of the date of injury or property damage. However, claims against government entities typically require filing a notice of claim within six months. It's crucial to consult with a wildfire attorney as soon as possible to avoid missing critical deadlines.
Anyone who suffered loss—property owners, renters, business owners, injured individuals, and families of wrongful death victims—due to a wildfire that may have been caused by negligence, faulty utilities, or government action can typically pursue a claim.
You may claim:
Your insurance claim and lawsuit are separate legal matters. If you receive compensation from your insurance company for certain losses, you cannot also recover for those same losses in your lawsuit (no "double recovery"). However, you can still pursue compensation through litigation for:
Yes. Receiving an insurance payout doesn’t prevent you from suing for losses not covered by your policy (such as pain and suffering, uninsured losses, or punitive damages). You can’t recover twice (“double recovery”) for the same damages, but you can pursue compensation for gaps in coverage or additional damages.
To join a lawsuit, you typically need evidence such as:
Collect photos and videos before repairs, keep receipts for all expenses, gather estimates for rebuilding and replacing property, and document all losses related to the fire—including income loss. A wildfire damage lawyer can help you compile a thorough claim.
Our attorneys work with fire investigation experts to establish liability through:
Most California wildfire attorneys work on a contingency fee basis. This means you pay nothing upfront, and the lawyer only collects a fee if they recover money for you—either through a settlement or judgment. The fee is typically a percentage of your recovery.
Wildfire litigation can take anywhere from 18 to 36 months or longer, depending on complexity, number of plaintiffs, and court schedules. Insurance claims may settle sooner—sometimes within months—but lawsuits against utilities or other third parties may require more time for investigation, negotiation, or a trial.
A class action treats all plaintiffs as a single group with common damages and a shared outcome. A mass tort, however, keeps your case separate: you have your own lawyer, your own damages are documented individually, and any compensation reflects your specific losses. Most wildfire lawsuits are mass torts for this reason—they allow more personalized recovery for victims.
Even without insurance, you can pursue compensation through a lawsuit against the parties responsible for causing the fire. For uninsured or underinsured victims, litigation may be the primary avenue for recovering losses. You may also be eligible for assistance from FEMA or other government programs.
If your insurance company wrongfully denies or undervalues your valid claim, you may pursue a “bad faith insurance” lawsuit. Damages may include what you are owed, plus possible penalties or extra damages for the insurer’s conduct.
You do not have to hire an attorney to pursue a wildfire claim. However, you should consider hiring a wildfire lawyer if:
Even if you have insurance, a lawsuit against responsible parties can help recover damages beyond your policy limits and compensation for losses insurance doesn't cover. For most fire victims, a lawsuit is the only way to recover the full extent of their damages.
When disaster strikes, you need more than insurance. The wildfire attorneys at Wisner Baum have a long track record of securing results for fire victims across California. From Los Angeles to Northern California, they combine deep knowledge of wildfire litigation, utility company lawsuits, and insurance coverage law to pursue the largest possible recovery for you and your family.
If you’re facing losses from a wildfire—no matter your situation—contact Wisner Baum’s California wildfire lawyers today for a free, no-obligation case review. Let our dedicated team guide you from recovery to results and hold those responsible accountable for the devastation they caused.
