A Wildfire Lawsuit Can Make Up For What Insurance Does Not Pay
| Aspect |
Insurance Claim |
Wildfire Lawsuit |
| Process Time |
Weeks to months (timing varies; can extend to years if disputed) |
Typically 18–60 months (complex cases can take longer) |
| Potential Payout |
Limited to policy coverage; often less than full losses |
Often higher; covers losses not paid by insurance (incl. emotional distress, business losses, punitive damages) |
| Who It’s Filed Against |
Your insurance company |
Third parties—usually utility companies, sometimes government or others |
| Who Qualifies |
Policyholders with covered losses |
Anyone who suffered losses due to another party’s negligence (does not require insurance) |
| Role of the Lawyer |
Advocates for fair payout; helps with claim denials, documentation, and bad faith |
Investigates cause, builds case, negotiates settlement or takes trial; seeks all recoverable damages |
If you’re facing loss from a wildfire, there’s rarely a “one size fits all” answer. Insurance claims may help you recover and rebuild, but coverage gaps are common. Pursuing a lawsuit can make up for what insurance does not pay—sometimes resulting in substantially greater compensation. If you’re uncertain, your smartest next step is to consult an experienced wildfire attorney for a free case review. Wisner Baum’s California wildfire lawyers and wildfire damage attorneys will review your circumstances, help you understand your full range of options, and advocate for your best outcome.
Dealing with Insurance Companies
Here are three ways an attorney can help you with wildfire insurance claims:
- Protection Against Undervalued Claims: Insurance companies often undervalue property and damage claims, offering settlements far below the actual costs of rebuilding or replacing property. For example, insurers may devalue homes or offer lowball settlements, making it difficult for policyholders to recover fully.
- Help With Coverage Denials: Insurance providers frequently deny valid wildfire claims by citing technicalities such as insufficient documentation, missed deadlines, or policy exclusions (e.g., "act of God"). These tactics are designed to minimize payouts.
- Stop Bad Faith Practices: Insurers sometimes engage in bad faith practices, including delaying claims processing or outright rejecting legitimate claims without proper investigation.
Filing Lawsuits Against Utility Companies
For most people who suffer losses in a wildfire, insurance claims will not cover the full extent of their losses. However, if utility negligence caused or contributed to the fire, a wildfire lawsuit can help victims recover the full extent of their damages.
Here are two important ways an attorney can help with your lawsuit:
- Fight Liability Minimization: Utility companies like PG&E and Edison have a history of being implicated in wildfires caused by poorly maintained equipment. They will fight to limit liability through legal defenses, regulatory measures, and other tactics. You should not have to go up against a major corporation alone; with an experienced wildfire lawyer by your side, you can pursue maximum compensation and seek accountability for any wrongdoing.
- Strict Liability in California: While California’s legal framework (inverse condemnation) imposes strict liability on utilities for wildfires caused by their infrastructure, utilities still fight to reduce compensation payouts. Wildfire attorneys understand this playbook and have the experience needed to help ensure you get what you are entitled to.
In summary, wildfire victims risk receiving far less compensation than they deserve without proper legal representation.
Our California wildfire lawyers help victims navigate these complex legal issues by:
- Investigating the cause of the fire and identifying responsible parties
- Handling all communications with insurance companies
- Documenting the full extent of your losses and damages
- Filing claims against negligent utility companies
- Ensuring you receive maximum compensation for all losses
- Providing support throughout the entire recovery process
Types of California Wildfire Lawsuits
Utility Company Negligence Claims
California utility companies like Southern California Edison (SCE) and Pacific Gas & Electric (PG&E) have legal obligations to maintain their equipment and prevent fires. They can be held financially responsible for all resulting damages when they fail in these duties.
Common examples of utility negligence include:
- Failure to inspect and repair aging infrastructure
- Inadequate vegetation management around power lines
- Not de-energizing power lines during high-risk conditions
- Improper installation or maintenance of electrical equipment
- Ignoring known safety hazards or previous incidents
Under California's doctrine of "inverse condemnation," utilities can be held strictly liable for damages caused by their equipment—even without proving negligence. This powerful legal principle provides an important avenue for victims to recover their losses.
Insurance Bad Faith Claims
After a wildfire, your insurance company is legally obligated to process your claim honestly and fairly. Unfortunately, many insurers engage in "bad faith" practices to minimize payouts, such as:
- Unreasonably delaying claim processing
- Denying valid claims without proper investigation
- Undervaluing property losses
- Misrepresenting policy terms
- Failing to communicate or respond to claims
- Making lowball settlement offers
Our California wildfire attorneys can fight back against these tactics, forcing insurance companies to honor their obligations and pay what you're rightfully owed. In cases of bad faith, you may be entitled to additional compensation beyond your policy limits.
Government Entity Lawsuits
In some cases, government agencies may bear responsibility for wildfire damages due to:
- Failure to maintain critical infrastructure (like water systems)
- Inadequate emergency response planning
- Improper land management
- Negligent controlled burns that spread
While California law provides certain immunities to government entities, our experienced wildfire lawyers know how to navigate these complex legal issues to maximize your recovery.
Compensation Available in California Wildfire Lawsuits
Our attorneys work to secure full recovery for all your losses, including:
- Property Damage: Complete rebuilding costs, replacement of personal belongings, loss of use, and diminished property value.
- Underinsured Property Losses: We help you recover for costs not covered by standard policies, such as landscaping, modern building code upgrades, and post-fire erosion control.
- Financial & Personal Losses: Lost income, increased insurance premiums, temporary housing, medical expenses, pain and suffering, and emotional distress.
- Other Damages: Wrongful death, loss of pets or livestock, sentimental items, and punitive damages in cases of extreme negligence.
How California Wildfire Lawsuits Work
Initial Investigation
Our wildfire law firm conducts a thorough investigation to determine the cause (or causes) of the fire and identify all potentially responsible parties. This includes:
- Visiting the point of ignition
- Reviewing official fire investigation reports
- Analyzing satellite imagery and weather data
- Consulting with fire origin experts
- Examining equipment maintenance records
- Interviewing witnesses
Documentation of Losses
We help clients compile comprehensive documentation of all losses, working with experts to ensure nothing is overlooked:
- Property appraisers to determine real estate values
- Construction specialists to calculate rebuilding costs
- Arborists to assess landscaping losses
- Business valuation experts for commercial claims
- Medical experts for personal injury assessments
Filing Legal Claims
Based on our investigation, we file appropriate legal claims against responsible parties, which may include:
- Civil lawsuits against utility companies
- Bad faith claims against insurers
- Government claims when applicable
- Mass tort actions when multiple victims are affected
Settlement Negotiations & Trial Representation
Most wildfire cases resolve through settlement negotiations. Our attorneys have helped secure billions in mass tort settlements (including a $10.9 billion settlement against a multinational corporation) and know how to maximize compensation through skilled negotiation. We never accept inadequate offers and always prepare cases as if they will go to trial. Our experienced trial lawyers will present your case in court if a fair wildfire settlement cannot be reached. Wisner Baum has a proven track record of courtroom success in complex litigation against powerful corporations, including a multibillion-dollar jury verdict.
Latest Updates on 2025 California Wildfires
Gifford Fire Updates
September 28, 2025: California fire officials say the Gifford Fire, the largest California wildfire so far this year, is now 100% contained. The Gifford Fire started on August 1, 2025, along Highway 166 near the Gifford Trailhead. It destroyed five structures and damaged two others. Investigators are still working to determine what caused the Gifford Fire.
August 16, 2025: The Gifford Fire is about 73% contained, after burning roughly 132,000 acres across San Luis Obispo and Santa Barbara counties. Nearly 1,000 structures have been threatened by the fire, with 5 destroyed and countless others damaged. The cause of the fire is still under investigation, with nearly 4,000 firefighters and support crews actively working to contain the flames. This fire accounts for nearly one-third of California’s total burned acreage during the 2025 wildfire season.
August 1, 2025: The Gifford Fire has recently caused extensive damage across affected California communities. While the official investigation into the cause is still ongoing, preliminary reports indicate significant impact including displacement of residents, loss of property, and disruption to local businesses.
- Ongoing Investigations: Fire origin experts, satellite imagery, and utility company inspections are part of the comprehensive effort to determine what led to the fire.
- Key Areas of Focus: Potential causes under review include utility infrastructure, vegetation management, and emergency response effectiveness.
- For Fire Victims: It is critical to prioritize safety, document all damages thoroughly with photos and videos, and promptly contact your insurance carrier to start your claim.
Eaton Fire Lawsuit Updates
October 12, 2025: Eaton Fire survivors and advocacy groups are criticizing Southern California Edison’s (SCE) draft Wildfire Recovery Compensation Program. Over 200 homeowners, renters, and business owners issued a 51-page response to SCE’s plan, titled “Fix What You Broke,” calling for a fair and fully funded compensation program. Some of the major concerns cited in the response include:
- No independent oversight (SCE controls the entire process).
- No negotiation allowed on fixed offers.
- Unclear and unenforceable payment timelines.
- Insurance offsets applied against total policy limits, even if funds have not been received.
- No separate compensation for landscaping, fences, or secondary structures.
September 30, 2025: Multiple lawsuits against SCE continue to move forward. Los Angeles County, the cities of Pasadena and Sierra Madre, the U.S. Department of Justice, and thousands of individual plaintiffs have filed separate civil actions. The DOJ lawsuit filed this month seeks over $40 million in damages for the Eaton Fire.
August 23, 2025: A Los Angeles judge is urging attorneys to schedule a bellwether trial date for the Eaton Fire litigation. SCE attorneys say they are preparing to file cross-claims against other entities, including public agencies like Los Angeles County, arguing that their negligence also contributed to the Eaton Fire’s destruction.
July 29, 2025: The death toll in the Eaton Fire is now 19 after authorities found human remains within the burn area.
Southern California Edison announced a Wildfire Compensation Fund to pay Eaton Fire victims who qualify. The fund is meant to compensate victims for:
- Physical injuries
- Death
- Structure loss for homeowners and renters
- Business interruptions
- Commercial property loss
- Smoke and ash damage
The utility has not stated how the fund will affect ongoing litigation. Following the Dixie Fire, PG&E created a similar wildfire fund to expedite payments to victims. Attorneys say the payments were not expedited, and in order to participate, victims needed to drop legal claims against the utility.
July 14, 2025: Wisner Baum continues to file claims on behalf of Eaton Fire victims. Our investigation has uncovered compelling evidence that Southern California Edison (SCE) equipment sparked the fire. Video footage appears to show electrical arcing from SCE transmission lines at the exact location and time the fire ignited.
While investigations continue, evidence suggests SCE equipment involvement.
Wisner Baum fire lawyers have filed multiple lawsuits alleging SCE's negligence directly caused this devastating fire by:
- Failing to properly maintain electrical equipment
- Neglecting to de-energize power lines despite extreme fire risk warnings
- Inadequate vegetation management around power infrastructure
- Failure to follow safety protocols during high-wind events
Other legal claims stemming from the Eaton Fire include:
- Lead and Asbestos Allegations: Fire victims filed multiple lawsuits in May of 2025 alleging children near the Eaton Fire site were exposed to lead and asbestos from wildfire smoke.
- Toxic Contamination: SCE is facing additional litigation over toxic contamination released during the fires.
- Tenant Unions: Multiple lawsuits filed in May of 2025 allege Los Angeles County and the city of Pasadena failed to protect tenant rights after the Eaton Fire.
- Municipalities: Los Angeles County and the cities of Pasadena and Sierra Madre have filed suit against SCE to recover funds spent on emergency response and repairs to infrastructure.
Palisades Fire Update
October 16, 2025: A federal grand jury indicted 29-year-old Jonathan Rinderknecht for his alleged role in starting the Palisades Fire. Rinderknecht faces three felony counts, including arson affecting property used in interstate commerce, timber set afire, and destruction of property by means of fire. If convicted, he faces a mandatory minimum sentence of five years and a maximum of 45 years in federal prison.
According to federal prosecutors, Rinderknecht, who worked as an Uber driver on New Year's Eve 2024, intentionally set the Lachman Fire just after midnight on January 1, 2025. Law enforcement determined the Palisades Fire was a "holdover fire"—a continuation of the Lachman Fire that smoldered for six days before rekindling on January 7 amid high winds. Evidence includes witness statements, video surveillance, cellphone data, and fire pattern analysis showing Rinderknecht was present at the ignition site.
July 9, 2025: The Palisades Fire, which burned over 23,000 acres, destroyed nearly 7,000 structures, and claimed 12 lives, has led to multiple lawsuits against the Los Angeles Department of Water and Power (LADWP) and the state of California.
Recent Major California Wildfire Settlements
California utility companies have paid billions in settlements for recent wildfires. Understanding these precedents helps illustrate potential compensation in ongoing fire lawsuits:
- Camp Fire (2018): PG&E agreed to a $13.5 billion settlement after its equipment caused California's deadliest wildfire, which killed 85 people and destroyed the town of Paradise.
- Woolsey Fire (2018): Southern California Edison paid hundreds of millions in confidential settlements after its equipment ignited a fire that burned over 96,000 acres and destroyed 1,600 structures.
- Thomas Fire (2017): SCE equipment failures led to a fire that burned 281,893 acres. The company paid substantial settlements to victims.
- Bobcat Fire (2020): Investigations concluded this fire was caused by tree contact with SCE power lines. Wisner Baum successfully represented numerous victims.
Essential Information for Wildfire Victims
At Wisner Baum, we want people to be prepared for what comes next if the worst should happen. Below we highlight the most important information you will need as you begin the recovery process.
- Post-Wildfire Checklist: Ensure your safety, document damage with photos, contact your insurance company, and consult an attorney.
- Insurance Claim Tips: Document everything, keep all receipts, and be cautious with initial settlement offers. Don't accept unfair denials, and follow up in writing.
- Wildfire Season: While the highest risk is typically from May through December, wildfires can occur year-round. Dangerous conditions are caused by strong winds, low humidity, and dry vegetation.
Why Choose Wisner Baum for Your California Wildfire Claim?
Unmatched Experience
Our legal team has successfully represented hundreds of California wildfire victims, securing maximum compensation for their losses. We have extensive experience with cases against major utilities like PG&E and Southern California Edison.
Proven Results
Wisner Baum has recovered over $4 billion for our clients across all practice areas. Our wildfire attorneys have successfully resolved numerous claims related to the Woolsey, Thomas, Camp, and Bobcat fires.
Expert-Driven Damage Assessment
Our attorneys work with specialists to maximize your claim:
- Arborists: Calculate mature tree replacement costs ($5,000–$50,000 per tree)
- Construction Estimators: Identify code upgrade expenses and rebuilding shortfalls
- Landscape Architects: Value pre-fire outdoor spaces and erosion control needs
- Appraisers: Document property value loss from fire damage
No Upfront Costs
We represent wildfire victims on a contingency fee basis, meaning you pay nothing unless we win your case. Our firm advances all litigation costs, removing financial barriers to pursuing justice.
Comprehensive Support
Beyond legal representation, we provide guidance on insurance claims, FEMA assistance, and rebuilding issues. Our team helps clients navigate every aspect of post-wildfire recovery.
California Presence
With offices in Los Angeles, San Diego, Sacramento, Ontario, Bakersfield, and the San Francisco Bay Area, we provide convenient access to legal support throughout California.
Free California Wildfire Lawsuit Case Evaluation
The California wildfire lawyers at Wisner Baum are dedicated to helping people recover and rebuild after a wildfire ravages their community. We have vast experience representing wildfire victims whose homes or apartments burned down, suffered business losses, paid for expensive evacuations, and suffered injury and death.
Since 1985, we have helped thousands of clients obtain justice and maximum compensation. Across all areas of practice, our attorneys have earned more than $4 billion in verdicts and settlements. Reach out to our dedicated California wildfire attorneys to discuss your legal options.
