The single greatest risk of representing yourself in a wildfire case is accepting a settlement that is a fraction of what you are truly owed.
Here’s the thing: while your insurance policy covers the stated value of your property, a lawsuit holds the responsible company accountable for the full scope of your losses—from the true cost of rebuilding in today's market to the emotional distress your family has endured.
Many utility companies will set up online compensation portals, suggesting an easy path to getting money. These portals are designed to limit the company's financial exposure by securing quick, low settlements and may require you to sign away your right to pursue further legal action.
Handling this process alone means you are facing the legal and financial teams of a multi-billion-dollar corporation whose goal is to resolve claims for the lowest possible amount. The only way to secure your family's future is by holding the negligent parties accountable for the full measure of the damage they caused.
If you have a question about a loss you suffered in a wildfire, call us for a free consultation. We are here to help. Call Bernheim Law Firm at (800) WILDFIRE.
Key Takeaways for Representing Yourself in a Wildfire Case
- A wildfire claim is a lawsuit, not just an insurance claim. This matters because a lawsuit holds the negligent company accountable for the full scope of your losses, far beyond your policy limits.
- Corporate compensation portals are designed to limit the company's payout. Accepting an offer through these portals may require you to waive your right to sue for the full, true value of your damages.
- Proving a utility's fault requires extensive legal and expert resources. Legal concepts like negligence and inverse condemnation, supported by expert investigation, are necessary to hold a corporation accountable.
Why Your Wildfire Claim Is a Lawsuit, Not an Insurance Claim
The Common Misconception: Focusing Only on Your Insurance Policy
After a fire, your first instinct is likely to call your insurance company. This is an important step, but it is only the beginning.
Your policy has defined limits, which may not be enough to cover a total loss, especially with recent surges in construction costs. Many California families find themselves underinsured, with gaps reaching hundreds of thousands of dollars between their policy limits and the actual cost to rebuild.
The Deeper Reality: Holding the At-Fault Corporation Accountable
When a utility's faulty equipment or negligence causes a wildfire, the situation changes. The claim becomes a legal case against the corporation responsible for the disaster.
This legal action is what allows you to recover compensation beyond your policy limits. The goal is to make you whole again, which includes damages your insurance policy was never designed to cover.
Major wildfire settlements were not the result of insurance claims. They were the result of legal action that held the company financially responsible for its actions.
The Bernheim Law Firm Approach: Securing Compensation Beyond Insurance
Our practice focuses on building a case against the negligent corporation. We work to prove their fault and document the full extent of your losses.
We secure compensation for things like:
- The true, current cost of rebuilding your home.
- Lost wages and business income.
- Emotional distress and disruption to your life.
- The value of lost trees, landscaping, and personal items that are irreplaceable.
Are Corporate "Compensation Portals" a Trap?
The Lure of a Quick and Easy Payout
After a widespread disaster, the at-fault utility and their insurers may launch online portals where you submit a claim for compensation. They present this as a fast, simple, and fair way to get help. It feels like a lifeline when you need it most.
Beware—You Should Never Use These Portals Without Legal Advice
- Waiving Your Rights: To use the portal, you may have to agree to terms and conditions that limit your ability to take further legal action. You could unknowingly sign away your right to sue for full compensation.
- Providing Damaging Information: These forms are designed by the other side. The questions they ask may seem straightforward, but your answers are used to undervalue your claim or argue that you share some of the blame.
- Accepting a Predetermined Amount: The compensation offered through these portals is based on the company's calculations, not yours. They are designed to process a high volume of claims for the lowest average payout possible, not to assess the unique and total value of your individual loss.
What to Do Instead
Before you submit any information or accept any offers from the company responsible for the fire, you should understand your legal options. The right way to proceed is to have a legal advocate file the claim on your behalf. This ensures your rights are protected from the start.
How Do You Prove a Utility Company Was Responsible for a Fire?
Understanding the Key Legal Concepts
- Negligence: This is the most common basis for a claim. We work to show that the utility company failed to act with reasonable care, and that this failure caused the fire. Examples include:
- Failing to properly inspect and maintain power lines and equipment.
- Not clearing vegetation and trees around their lines.
- Failing to shut down power during predictable high-wind events.
- Under California Health and Safety Code §13007, anyone who negligently causes a fire is liable for the damages.
- Inverse Condemnation: This is a powerful legal tool unique to cases against public utilities in California. It means that if a utility's equipment was a substantial cause of the fire that damaged your property, the utility is held liable for your losses—even if they weren't negligent. This is a form of strict liability.
- Punitive Damages: In cases where the company's conduct was particularly reckless, we pursue punitive damages. These are intended to punish the defendant and deter similar behavior in the future. Proving this requires meeting a high standard of "clear and convincing evidence," which typically involves extensive investigation and expert testimony that is very difficult for an individual to assemble.
The Investigation We Conduct on Your Behalf
We may bring in fire investigators, forestry experts, and utility operations consultants to determine the exact cause of the fire and build the case against the responsible company.
What Is the Full, True Cost of Your Wildfire Losses?
One of the most devastating financial risks of representing yourself is failing to calculate the total value of what you have lost. A company's settlement offer may look substantial at first glance, but it fails to account for dozens of hidden and future costs.
The Losses You Might Overlook
An accurate calculation of your damages goes far beyond the market value of your house. We may work with a team of financial professionals to build a comprehensive damage model that includes:
- The Rebuilding Gap: The difference between your insurance payout and the actual cost to rebuild your home with today's inflated material and labor costs.
- Damage to Your Land: The cost of soil testing and stabilization, debris removal, and replacing mature trees and landscaping, which runs into the tens or hundreds of thousands of dollars.
- Personal Property: Accounting for every single item inside your home, from furniture to family photos. This is a tedious and emotionally draining process.
- Emotional Distress: Compensation for the anxiety, grief, and disruption the fire has caused your family.
- Lost Income: If you lost a home-based business or were unable to work.
- Temporary Living Expenses: The full cost of displacement, including rent, extra mileage, and other daily expenses while you are unable to live in your home.
- Future Costs: Wildfires lead to higher insurance premiums for years, sometimes forcing homeowners into California's expensive FAIR Plan.
Will You Miss a Deadline or Make a Paperwork Error?
The Legal System Runs on Deadlines
In any legal case, there are strict deadlines and procedural rules that must be followed perfectly. A single missed deadline or an incorrectly filed document jeopardizes your entire case, potentially leaving you with no compensation.
Important Timelines in California Wildfire Cases
- Statute of Limitations: For many property damage claims in California, you generally have a limited period from the date of the fire to file a lawsuit. While this may seem like a long time, building a strong case against a major corporation takes a significant amount of time for investigation and preparation.
- Government Claims: If a public entity is partially or fully responsible, the deadline to file an initial government claim is typically only six months. Missing this short window prevents you from ever recovering damages from that entity.
- Evidence Preservation: The moment a fire starts, the utility company's legal team is working to control the narrative and preserve evidence that favors them. The longer you wait to get your own team in place, the more evidence is lost, and the harder it becomes to build your case.
Let Us Handle the Deadlines and Details
When you work with our firm, we take on the responsibility of managing every deadline and all the complex paperwork. We ensure your claim is filed correctly and on time, protecting your right to pursue justice while you focus on what matters most: your family's recovery.
Frequently Asked Questions About Wildfire Claims
My insurance company already paid my policy limits. Can I still file a lawsuit?
Yes. An insurance payout covers your contractual claim with your insurer. A lawsuit seeks to recover damages from the negligent party that caused the fire. This lawsuit covers all losses that your insurance policy did not, including the gap between your policy limits and the true cost of rebuilding.
What if I cannot afford a lawyer right now?
We handle wildfire cases on a contingency fee basis. This means you pay no upfront fees. We only get paid if we successfully recover compensation for you, as a percentage of the final settlement or verdict.
The utility company sent me a check. Should I cash it?
Do not cash any checks or sign any documents from the at-fault company without speaking to an attorney. Cashing a check may be interpreted as accepting a settlement, which could prevent you from pursuing a claim for the full value of your losses.
How is Bernheim Law Firm different from a public adjuster?
A public adjuster works to maximize your payout from your own insurance company. Our firm's practice focuses on filing a lawsuit against the corporation that caused the fire. Our goal is to recover damages far beyond your insurance policy limits by holding the negligent party fully accountable.
Will I have to go to court?
The vast majority of wildfire cases are resolved through settlements before ever reaching a trial. We prepare every case as if it will go to court, which puts us in the strongest possible position to negotiate a fair settlement on your behalf.
Secure Your Family's Future
You have been through enough. You do not have to take on a multi-billion dollar corporation by yourself. The sooner we begin investigating and preserving evidence, the stronger your case will be. One phone call is all it takes to get started.For a free, confidential consultation, call Bernheim Law Firm today at (800) WILDFIRE.