California Wildfire Lawyer

A:If a utility company is responsible for causing the wildfire, California law requires the utility company to pay for homes, businesses, and property lost in the fire as well as medical bills arising from those injured and potentially significant amounts to families who lost loved ones. Victims of wildfires have options to pursue compensation for any losses. Those with homeowner’s insurance that covers wildfires can file an insurance claim to repair, rebuild or replace their home and property. Wildfire victims may also file a claim for relief with the Federal Emergency Management Agency (FEMA). Very often, however, the only way wildfire victims can recover for all of their losses and harms is to enforce their rights through a lawsuit. A lawsuit against those responsible for causing the fire can occur even if you don’t have insurance coverage. Even if your policy covers wildfires, your policy may not cover the entire scope of damages sustained because of the fire, including evacuation costs, medical costs, permanent injury, loss of animals or pets, temporary housing, and lost income, among many others. Your lawsuit is the way that your right to recover for the entirety of your losses can be pursued. If your insurance company makes an unfounded claim that you are not covered, we will fight to overturn that decision and to force payment as required by your policy. If the refusal to honor your rights under your policy is made by your insurance company in bad faith, we can sue to enforce your insurance rights and for all other damages you incur as a result of such refusal, including the possibility of recovering damages the allows to punish bad faith conduct; such recoveries could be substantial. An attorney is your advocate against any parties responsible for causing the fire, and, if necessary, against the insurance company. Our wildfire litigation team has extensive experience litigating fire cases. We know how to conduct a thorough investigation to prove liability and set the correct value for your losses.

A:If a homeowner’s insurance policy claim does not pay the true value of your losses, filing a wildfire lawsuit provides the opportunity to recover the balance of those losses. Let’s say, for example, a policyholder’s limit is $1 million but their actual losses, including evacuation costs, temporary housing, medical costs, uninsured property damage, business loss, animal loss or other out-of-pocket loss is valued at $2 million, the litigation can recover the $1 million balance you deserve. Another common problem is a policyholder’s property value exceeding their policy limit. Litigation against those who are responsible for the fire can help recover damages to make up the difference between your insurance limit and the true value of your property. Likewise, if a wildfire victim develops any health issues from evacuating, such as smoke inhalation, the litigation can recover damages per each individual claim. Finally, a wildfire lawsuit sends a clear message that California residents will not tolerate the corporate, and perhaps government, negligence that caused these disasters. The utility companies under investigation for possibly causing the latest California wildfires were implicated in previous fires in which thousands of people lost their homes, and where some, tragically, lost their lives. Pursuing legal action against any company responsible for causing these fires will hopefully deter similar action (or inaction) in the future.

A:Put simply, your cooperation. As part of our team, we will ask questions and will need a list of property losses and any other relevant documents to help get your claim(s) filed quickly and accurately. We will thoroughly explore with you the full extent of the losses you suffered, and continue to suffer, so as to be able to fully advise you of your rights. This arms you with the information you need to decide if you want to pursue your claims to the fullest extent of the law. If you do, we then swing into action on your behalf. We will help you answer any questions from your insurance company or parties named in the litigation as they arise. In addition to written questions, some plaintiffs may be asked to sit for depositions. These are opportunities for the defense to find out more about the claims being made in your case. Again, we will help make this process as streamlined, comfortable, and simple as possible.

A:No. We file a mass action against the parties responsible for causing the wildfire. A mass action generally allows for greater compensation for each of the wildfire victims who elect to pursue their rights. Mass actions share similarities with class actions: Both involve many claimants (hundreds or even thousands) who were harmed; Both are filed against common defendants that allegedly caused harm; All claims are consolidated into one action rather than individual lawsuits; Procedurally, this optimizes a large number of similar court cases against the same defendant(s). The critical difference between the two is how the plaintiffs are treated. In a class action, the class representative stands for the large group of plaintiffs known as “the class.” All class members suffered similar harm as a result of the defendant’s actions or inactions. The class representative sues the defendant(s) on behalf of the entire class, which means all class members are treated as one individual plaintiff; the fate of the class representative determines the fate of the class. In a mass action, each plaintiff is treated individually, even though their claim is part of a large group. As such, each individual can establish how, and to what extent, they were harmed by the defendant(s) conduct based on the facts of their unique case. In this way, each plaintiff can seek and recover fully for his or her losses regardless of the amount of loss of any other plaintiff.

A:No. A wildfire lawsuit does not interfere with or subtract from your rights under your homeowner’s insurance policy. Between your homeowner’s insurance claim and the litigation, your homeowner’s insurance policy claim is the first priority. As our client, if you are satisfied with your insurance claim and recover 100% of what your insurer owes you without litigation, there are no attorneys’ fees. If you are unsatisfied, we will represent you in a first party bad faith lawsuit against your insurance company and pursue maximum compensation on your behalf.

A:The insurance claim affects the lawsuit only in that you cannot recover for the same thing twice. If you receive compensation from the insurance company for 100% of your property damage, then you cannot also get compensation from a civil lawsuit against a utility company for that same property damage. But you can get compensated in a civil lawsuit for injuries and damages beyond what the insurance pays. For example, for the true full value of your home or vehicle. Or the loss of a pet, life-long lung issues from breathing in melted plastic, smoke and ash, PTSD, other injuries, or even death. A settlement from a civil lawsuit could also cover evacuation costs (beyond what your insurance might pay), temporary housing costs, loss of sentimental items, family photos, videos, heirlooms, jewelry, paintings, etc.

A:Ordinarily, insurance companies acting in good faith will make advances to policyholders affected by wildfires. If you submit claims for losses quickly, your insurance company should follow suit and make funds available to you. If they do not, they may need to be nudged. The insurance company may need to bring in appraisers, investigators or others to verify your claims for losses, which could take weeks or months. While every case is unique, litigation is rarely finalized in less than 18 months. A settlement could happen sooner, but a mass action on this scale will likely take at least 18 months and possibly longer.

A:If you are uninsured or underinsured (your policy lacks fire coverage) and your home or property was destroyed or damaged, you still have the right to pursue compensation for your losses in a lawsuit against any entities responsible for causing the wildfire. For the uninsured, a wildfire lawsuit is likely your best option for recovering any losses incurred as a result of the fire (though not the only option, as some victims may receive relief from FEMA, for example). Wisner Baum will work to obtain maximum compensation for our clients whether they have homeowner’s insurance or not.

A:The law requires insurance companies to act ‘in good faith’ when processing a policy holder’s claim. As such, the insurer cannot look for ways to renege on its obligation to investigate a claim and pay the policyholder – doing so would be acting ‘in bad faith.’ Your homeowner’s insurance company must process your claim honestly and fairly, even if the company stands to lose money. Nevertheless, insurance adjusters may look for any reason to lower your claim amount or outright deny your claim by manipulating investigation findings or misrepresenting aspects of your policy. Some companies may refuse to investigate your claim, or flat out refuse to pay your claim without providing any explanation. If you believe your homeowner’s insurance company is acting in bad faith, we can help. An experienced wildfire attorney advocating for you can make all the difference in resolving your insurance claim quickly and fairly.