California Wildfire Lawyer

Victims of wildfires may find themselves overwhelmed at the volume of things they need to sort out before they can start rebuilding their lives. A client of ours, who lost his home in the Woolsey fire, shared this list to help others after a wildfire.

Short-Term Checklist for Wildfire Victims

1. Get a PO Box.
2. Find a nice place that you like; don’t settle. Many policies allow for a policy holder to secure alternative housing in a “Like Property”, which can include location, amenities, and square footage. When a wildfire devastates an entire community, this often causes housing rates to increase, and an insurance company will often try to lowball you to accept something less than what you deserve to save money. 
3. Buy sturdy boots, gloves and some shovels.
4. Start working on the personal property list. This is a difficult task, one that will be highly emotional. Write down the moment you remember anything and keep your list on a phone or carry a pad of paper with you at all times.
5. Save your receipts. Loss-of-use insurance will cover incidentals, such as hairbrushes and phone chargers.
6. As you buy things, tell the store owner your situation. Most stores will give you some level of discount as their way of helping you.
7. Let people do things for you. Do you have a friend who can take you to the store to buy you some basic clothes or comfort foods? Let them do it.
8. Take photographs after the fire and gather photographs of your home and life before the fire that you, your family or friends might have taken.

Long-Term Checklist for Wildfire Victims

1. Register at the shelters, with Red Cross, FEMA and any other agency there. Most of the aid coming in will use these lists as a point of contact and this will help to ensure that you don’t get left out of anything. This will be especially important with FEMA, which operates on a first-come, first-served basis.
2. Call your homeowners/renters insurance and request a copy of your policy.  Many states require them to give a copy to you within a certain time.  During that call inform them of your loss to trigger your “Loss of Use” coverage. This will typically allow you to be in a “Like” property for a fixed amount of time with a dollar limit attached, depending on your policy’s terms. It should also give you some immediate access to funds for essentials, including clothes, toothbrushes, food, etc. This will also get the ball rolling for the insurance claim on your home, personal property, etc.
3. Follow up on every single phone call with your insurance company with a confirming email.  It is a known insurance tactic to change adjusters on you every few months to slow down and frustrate the claims process.  By having a written record of communications you can avoid any situation of having to re-explain your situation to someone new.
4. Get a PO Box and forward all mail. Use this PO Box as the mailing address on all forms you begin to fill out.
5. Start Searching for a long-term rental. Coordinate with your insurance company so that payments can be made directly from them using your “Loss of Use” money. Plan on renting 1-2 years, but do not necessarily sign a lease for a full two years, as circumstances can change.
6. Create an itemized list of belongings. This is very hard but very necessary for your claim. Organize by room and list everything that was there with a replacement cost. Replacement cost should be what it would cost to replace, not what it cost when it was on sale. Make sure you list everything, even if it is above and beyond your policy limit. This is very important because everything above and beyond the policy limit is considered a loss and can be claimed as such on your taxes. (See #9 below)
7. Call all of your utilities and either freeze, cancel service or update to PO Box.
8. Call the rest of your insurers as needed, including your car insurance or any specialty insurance for unique items.
9. Secure permits. An unfortunate necessity, you will need permits for:
   • Debris Removal: As things wind down, it will be necessary to remove the debris. This usually requires a permit, but it should be covered by your insurance.
   • Erosion Control: If you are on any hill or have sloped property, you will need to put some sort of erosion control measures in place. Again, this will need permitting.
   • Temporary Power Pole/Trailer On-Site Permit: Getting this earlier on can prove helpful in the rebuilding process.
10. Network with others. You will learn so much from others as you go through the rebuilding process. We all have our strengths, so share yours and accept help from others. The amount of time that you will spend on the rebuild, insurance, and recovery process is staggering, so you should use any and all resources at your disposal.

You can stay updated on the latest California wildfire news by connecting to the following resources:

CalFire Wildfire Map – This is an important resource for anyone who may be near a wildfire. CalFire regularly updates its fire map, which includes the names of active fires, where the fire is, acres burned, date started, area contained, and more. CalFire also regularly shares information on social media, so be sure to follow them on Twitter or Facebook for the latest information. 

California Governor’s Office of Emergency Services (Cal OES) – You can sign up to receive important alerts from Cal OES, view wildfire maps, find California wildfire shelters, and access important resources. Evacuation centers can be found here. 

Local Fire Stations – We highly encourage Californians to acquaint themselves of their local fire station to get information. Local fire authorities will also have the best information on specific shelter operations if wildfire evacuations are ordered near you. 

The U.S. Federal Emergency Management Agency (FEMA) has a dataset for natural disaster risk, including wildfires. According to government data, the following California counties are most at risk for wildfires:

Riverside County

• Risk index: Very high (100/100)
• Expected annual loss from wildfires: $319 million
• Frequency: 2.4% chance per year

San Diego County

• Risk index: Very high (100/100)
• Expected annual loss from wildfires: $382 million
• Frequency: 2.7% chance per year

San Bernardino County

• Risk index: Very high (99.9/100)
• Expected annual loss from wildfires: $134 million
• Frequency: 0.97 % chance per year

Los Angeles County

• Risk index: Very high (99.9/100)
• Expected annual loss from wildfires: $109 million
• Frequency: 0.8% chance per year

Ventura County

• Risk index: Relatively high (99.9/100)
• Expected annual loss from wildfires: $48 million
• Frequency: 1.3% chance per year

Orange County

• Risk index: Relatively high (99.8/100)
• Expected annual loss from wildfires: $50 million
• Frequency: 1.5% chance per year

Kern County

• Risk index: Relatively high (99.7/100)
• Expected annual loss from wildfire: $28 million
• Frequency: 0.7% chance per year

Madera County

• Risk index: Relatively high (99.6/100)
• Expected annual loss from wildfires: $20 million
• Frequency: 0.8% chance per year

Santa Barbara County

• Risk index: Relatively high (99.5/100)
• Expected annual loss from wildfires: $24 million
• Frequency: 0.8% chance per year

Tuolumne County

• Risk index: Relatively high (99.5/100)
• Expected annual loss from wildfires: $21 million
• Frequency: 0.96% chance per year

Butte County

• Risk index: Relatively high (98.8/100)
• Expected annual loss from wildfires: $14 million
• Frequency: 0.55% chance per year

For more information on how FEMA calculates risk for wildfires, click here. 

Utility companies in California are responsible for safely installing, inspecting, maintaining, and operating their equipment. When they fail to uphold these duties, they can be held accountable for the ensuing damage. 

Below is a list of recent California wildfires that involved Pacific Gas & Electric Co. (PG&E) and Southern California Edison (SCE).

Camp Fire (2018)

The Camp Fire in Northern California was triggered by PG&E's electrical transmission lines. It was the deadliest and most destructive wildfire in California's history, killing 85 people and leveling Paradise, Concow, and parts of Magalia. In 2019, PG&E agreed to pay $13.5 billion to resolve claims following the Camp Fire and other Northern California wildfires. The Fire Victim Trust was established shortly thereafter. As of June 2024, the Fire Victim Trust has paid $12.42 billion to eligible wildfire claimants.   

Wisner Baum successfully represented Camp Fire victims and their families in wildfire claims. 

Kincade Fire (2019)

The Kincade Fire was ignited by PG&E's electrical equipment in Sonoma County. It burned nearly 78,000 acres, damaged hundreds of structures around Geyserville, and led to extensive evacuations. The Kincade Fire settlement paid $31 million to eight public entities.   

Zogg Fire (2020)

Faulty PG&E equipment was linked to the start of the Zogg Fire in Shasta County, which resulted in several fatalities and the destruction of hundreds of structures. The Zogg Fire settlement paid $12 million to Shasta County and Tehama County. 

Dixie Fire (2021)

PG&E reported that its equipment might have ignited the Dixie Fire, which destroyed over 1,300 structures, including roughly 600 residences. The fire damaged nearly 100 other structures and threatened 14,000 more in the communities of Canyondam, Greenville, and Indian Falls. 

In 2024, PG&E agreed to a settlement worth $45 million. 

Thomas Fire (2017)

The Thomas Fire scorched over 280,000 acres and destroyed approximately 1,060 structures in Santa Barbara County and Ventura County. Officials said the fire started when SCE power lines touched amid high winds. The California Utilities Commission noted in its investigative report that SCE committed five violations of the Public Utility Code. 

Wisner Baum attorney Ari Freidman successfully represented victims of the Thomas Fire.

Woolsey Fire (2018)

SCE’s equipment was implicated in the ignition of the Woolsey Fire, which killed three people and destroyed over 165,000 structures in Ventura and Los Angeles counties. 

Wisner Baum successfully represented Woolsey Fire victims in wildfire lawsuits, earning full and fair compensation on their behalf. 

Northbay Fires

A government investigation concluded that a dozen Northern California wildfires in the October 2017 Fire Siege were caused by electric power and distribution lines, conductors, and power pole failure. Lawsuits against PG&E alleged the utility failed to properly inspect and maintain equipment and clear vegetation from its power lines. Furthermore, PG&E violated the law and is legally responsible for the damages caused by the fires. 

Wisner Baum wildfire attorney Ari Friedman successfully represented victims of the Northbay Fires. 

Bobcat Fire

The Bobcat Fire consumed over 114,000 acres, destroyed 171 structures and 178 vehicles. It led to the evacuations of Sierra Madre, Monrovia, Bradbury, and Duarte, and cost an estimated $100 million to contain. 

Investigators concluded that the Bobcat Fire was caused by a tree coming into contact with power lines owned by Southern California Edison (SCE). Legal claims stemming from the fire claimed that SCE and Utility Tree Service (UTS), which maintained the lines, knew of the danger but failed to take appropriate action. 

Wisner Baum wildfire attorney Ari Friedman successfully represented Bobcat Fire victims.