Who’s Liable for Wildfire Damages? Understanding Property Damage & Insurance Claims in California
The LA wildfires have only recently been contained, and their devastation still rages on in the minds of many Californians. According to the state Insurance Department, insurance companies have paid out $4.2 billion in claims to Los Angeles County fire survivors. Out of the 31,210 claims which have been filed, 14,417 have been partially paid. For many people, this can be life-changing money that is sorely needed to help them restart their lives and recuperate their losses.
In California, the monetary liability of a wildfire is tied to its cause. If the reckless actions of a specific person or organization caused the wildfire, that party may be held financially liable for the costs incurred by its victims.
Common Causes Of California Wildfires
- Dry weather
- Lightning
- Misuse of equipment
- Arson
- Human activity
- Vehicles that are in poor condition
- Flammable plants
- Unattended campfires
When You May Bring A Third-Party Liability Claim
Wildfire damage cases typically involve a third-party liability claim. This type of lawsuit is typically filed against one or more entities on the grounds of recklessness or negligence. In a third-party fire-related damage lawsuit, the case depends on how the fire originated and how severe the damage was. Individuals who may be subject to a lawsuit in such situations include:
- Energy providers
- Power providers
- Owners of a private residence
- An individual who committed accidental or arsonous actions resulting in the fire
- Product manufacturers
How To Determine A Claim
Wildfires are often complex issues without clear origins. In order to establish the careless actions of the defendants (those the case is being filed against), you should consult with an experienced wildfire attorney to determine if the defendant could’ve been accountable under California law. The attorney will investigate the situation and further extensive investigations and court proceedings will then establish the responsible party, if there is one. Remember: Properly maintaining and inspecting the property and getting rid of fire resources that could potentially turn hazardous is an critical part of preventing wildfires and the ensuing injuries. Time is of the essence in wildfire claims because with each ticking hour, substantial evidence may trickle away and you will lose your opportunity to recuperate losses you may be legally entitled to.
How to File A Wildfire Claim
You may be eligible to be compensated for damages if another party is at fault for the loss of your property or for causing your injuries. Successful claimants must provide adequate evidence of another party’s carelessness, causation of the fire, and the damages incurred. An attorney will help you gather evidence, witness statements, and investigative reports to help you build the strongest case possible and help you navigate the claim in court if it goes to trial.
How Insurance Works With Wildfires
As a property owner, you faithfully pay your premiums to prepare for the event that something like this could happen. When you file an insurance claim as soon as possible, there is the possibility that you may be compensated for the following losses:
Home repairs of reconstruction costs- Fees for labor and materials
- Costs of housing alternatives until your home is repaired
- Repair costs for damaged outbuildings
- Restoration of a damaged outdoor area, such as swimming pools or landscaping
- Costs of fixing water supply, roof, and pipes
Contact Us Today
California wildfire claims are often complex issues with multiple factors involved. Call the
Law Office of Ball & Yorke to consult with an experienced California wildfire attorney today.
