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Featured / 11.02.2026

Eaton Fire Lawsuit Deadline: What the January 2027 Cutoff Means for Injury Claims

Wisner Baum
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    If you were hurt in the Eaton Fire, the deadline to file a lawsuit against Southern California Edison (SCE) may be January 7, 2027. That is two years from the day the fire started.

    California law generally gives people two years to file a personal injury or wrongful death lawsuit. Once that window closes, the right to sue can be lost for good, no matter how strong the claim is.

    Many Eaton Fire survivors already have lawyers. But some people who may have valid injury claims don't realize they have one or assume the claim they filed for their home covers personal injury. 

    If you have any questions about the upcoming deadline, please call Wisner Baum at (310) 207-3233 for a free, confidential case evaluation. You can ask any questions you would like about your case, and you are under no obligation to work with us. 

    Our law firm was among the first in Los Angeles to file civil lawsuits against SCE for their alleged role in the Eaton Fire. We are committed to obtaining the best possible outcome for all of our clients.

    Key Eaton Fire Dates at a Glance

    • November 30, 2026: Last day to submit a claim to SCE’s voluntary Wildfire Recovery Compensation Program, according to SCE.
    • January 7, 2027: Personal injury and wrongful death lawsuits may face a deadline as early as this date.
    • January 25, 2027: The first bellwether trial in the Eaton Fire litigation is scheduled to begin. SCE has asked the court to postpone it to June 2027, and that request has not been decided as of the writing of this blog post.

    Property damage claims follow a different, longer timeline. SCE itself notes that property damage lawsuits may face a deadline as early as January 7, 2028.

    Why is the Eaton Fire Injury Claim Deadline January 7, 2027?

    The Eaton Fire ignited in Eaton Canyon above Altadena on the evening of January 7, 2025. It killed 19 people and destroyed more than 9,000 homes and other structures.

    Under Code of Civil Procedure section 335.1, a lawsuit for personal injury or wrongful death in California generally must be filed within two years from the date of injury. For most people injured in the Eaton Fire, that clock started on January 7, 2025. That puts the deadline on January 7, 2027. 

    For a wrongful death claim, the two years generally run from the date of death, which may be later if a family member died after the fire. 

    Who Is Affected by The Upcoming Eaton Fire Deadline?

    You may still have time to protect an injury claim if any of these describe you:

    • Your lawyer filed a claim for your home but not for an injury. A property claim and an injury claim are different. Ask your attorney whether your injuries are part of your case.
    • You were hurt while evacuating. Injuries from falls, car crashes, and other accidents during the evacuation may be part of a fire claim.
    • You were treated for burns, smoke inhalation, or other injuries and never spoke to a lawyer about them.
    • You applied to SCE’s compensation program and are waiting on an offer. Applying to the program does not stop the lawsuit deadline.

    Health Problems Linked to Wildfire Smoke

    Some people who did not suffer burns still needed medical care after the Eaton Fire. According to the U.S. Environmental Protection Agency, wildfire smoke can trigger asthma attacks and other breathing problems, and children, adults 65 and older, and people with heart or lung disease face greater risk.

    If a doctor treated you for a health problem you believe the fire caused, keep your medical records and talk to a lawyer before the deadline. Whether a smoke-related health claim is viable depends on your diagnosis, your treatment, and the evidence connecting it to the fire.

    Where the Eaton Fire Litigation Stands

    On August 4, 2026, Los Angeles County Fire Department and CAL FIRE investigators released a joint report concluding that the fire was caused by electrical arcing on an out-of-service SCE transmission tower. According to the report, video shows an unknown burning material falling from the tower, and the dry vegetation below ignited about 12 seconds later.

    Before the report came out, SCE had already said publicly that “it was likely our equipment was associated with the ignition of the Eaton Fire,” and a company spokesperson repeated that statement after the report was released. Despite these admissions, SCE is forcing affected people to litigate their claims in court and will require documented proof of loss and injury. In the litigation, SCE has filed cross-complaints alleging that Los Angeles County, several local water agencies, and Southern California Gas Company made the fire’s damage worse. Edison International asked to be dismissed from the case, arguing it did not control SCE’s equipment; the court denied that motion on September 22, 2026.

    According to Courthouse News Service, more than 47,000 plaintiffs from over 18,000 households and businesses are suing SCE and Edison International in Los Angeles Superior Court, where Judge Laura Seigle oversees the coordinated cases. The first bellwether trial, which will try the claims of eight households, is currently set for January 25, 2027. SCE has asked the judge to push that trial to June 2027, citing discovery delays and the timing of the fire investigation report. As of October 20, 2026, she had not ruled on the request.

    Does SCE’s Compensation Program Stop the Clock?

    No. SCE’s Wildfire Recovery Compensation Program is voluntary, and it runs separately from the civil litigation.

    According to SCE, submitting a claim and reviewing an offer do not waive your rights. But if you accept an offer, you sign a settlement agreement that includes a promise not to sue. And until you accept, the lawsuit deadline keeps running.

    Keep these points in mind:

    • The program has its own deadline. SCE says claims must be submitted by November 30, 2026.
    • Injury claims have narrow rules. SCE’s program requires, among other things, that the injury happened inside the program’s eligibility area and that the person was hospitalized overnight or received outpatient treatment between January 7 and January 15, 2025. Injuries treated later may not qualify.
    • Offers are set by SCE. Offers are calculated by SCE according to  the program’s own rules, not decided by a judge or jury.

    Before you accept any offer, have a wildfire lawyer review it. We do this at no cost. A lawyer can help you weigh the offer against your other options, including a lawsuit, which carries its own risks and timeline.

    What to Do Before Eaton Fire Deadline on January 7, 2027

    1. Gather your medical records, including emergency room visits, urgent care, prescriptions, and follow-up care.
    2. Write down what happened, including where you were, how you evacuated, and when symptoms started.
    3. Collect bills and receipts for treatment, travel to appointments, and time missed from work.
    4. Find death certificates and estate documents if you are filing on behalf of a family member who died.
    5. Call a wildfire lawyer if you don’t have one. Filing a lawsuit takes time to prepare, so don’t wait until the final weeks.

    How Wisner Baum Can Help

    Wisner Baum’s Eaton Fire lawyers represent survivors in lawsuits against SCE. Our wildfire practice is led by Ari S. Friedman, an equity partner and trial attorney who has helped survivors recover from the North Bay, Camp, Thomas, Woolsey, Bobcat, and other fires in California.

    Our firm works on a contingency fee basis. You pay nothing up front, and if we do not win your case, you do not owe us anything.

    Call (310) 207-3233 or contact us online for a free, confidential case evaluation. We can tell you whether your claim may still be filed and what deadline applies to you.

    Eaton Fire Lawsuit 2027 Deadline FAQs

    What is the deadline to file an Eaton Fire injury lawsuit?

    For most people, the deadline to file a personal injury or wrongful death lawsuit against SCE may be January 7, 2027. That is two years from the date the fire started, under Code of Civil Procedure section 335.1.

    What happens if I miss the deadline?

    A court will likely dismiss a lawsuit filed after the deadline, and you can lose the right to recover for your injuries. Narrow exceptions exist, such as for children, but they depend on the facts of each case.

    Is the deadline different for property damage?

    Yes. Claims for damage to a home, belongings, or other property generally have three years under Code of Civil Procedure section 338. For the Eaton Fire, that deadline may be as early as January 7, 2028. 

    Does applying to SCE’s compensation program extend the deadline?

    No. Applying to the program does not pause the lawsuit deadline. If you have not accepted an offer and want to keep your right to sue, talk to a lawyer before January 7, 2027.

    I already have a lawyer for my home. Do I need another one?

    Not necessarily. Ask your current lawyer whether your injury or wrongful death claim is part of your case. If it is not, and your lawyer does not handle injury claims, contact another attorney before the deadline.

    If you have any questions, feel free to reach out and speak with our experienced legal team.
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