A wildfire sweeping through a neighborhood can leave families with nothing but ashes. Losing a home or property feels overwhelming and scary. You might wonder what legal rights you have. In California, you may have ways to recover money or seek justice—especially if a corporation or another big party played a role in causing the wildfire.
Why Do Wildfire Laws Protect Property Owners?
Wildfires can start or spread because someone was careless or did not follow safety rules. In California, if a big party—like a power company—acts negligently and a wildfire follows, it can be held responsible. The law aims to protect innocent property owners who did nothing wrong and have faced major losses.
California statutes like Health & Safety Code § 13007 say that a person who starts or lets a fire get out of control is liable for any damage it causes. Another section, Health & Safety Code § 13009, talks about costs for firefighting. These laws tell us that the party at fault must pay for the harm caused by the wildfire.
Since wildfires can be huge, many people might suffer. So, the law provides ways for victims to recover damages. This includes the cost of rebuilding, lost personal items, and sometimes even emotional distress.
Who Can Be at Fault for a Wildfire?
Sometimes, wildfires are caused by nature—like lightning. However, a corporation’s equipment or actions might be to blame in many cases. For example, a big electric company’s power lines might spark a fire if not maintained well. If that happens, the company can be held accountable.
A utility might also be at fault if:
- They ignored warnings about dry conditions.
- They failed to trim trees near power lines.
- They used outdated or damaged equipment.
In such cases, property owners may file claims against that company. These are not small, personal accidents—these are cases where a large entity might have caused or contributed to the wildfire.
Can You Recover Damages if a Company Is Negligent?
Yes. Under Health & Safety Code § 13007, if a company causes or allows a fire through negligence or bad conduct, it can be liable for damage. This might include the cost of rebuilding your home, replacing your belongings, and any other losses you suffered because of the fire.
Sometimes, you can also claim money for emotional distress. In Hensley v. San Diego Gas & Electric Co. (7 Cal. App. 5th 1337), the court recognized that wildfire victims may collect compensation for things like mental suffering and loss of enjoyment of their property. If you loved your home and a big, careless mistake took it away, you can ask for damages for that loss.
Does the Law Protect Your Home Insurance Coverage?
Some worry their insurance company might cancel or refuse to renew their policy after a big fire. If your house burned or if you live in an area near a recent wildfire, you might fear losing coverage. California Insurance Code § 675.1 says an insurer cannot simply drop or refuse to renew coverage for homes located in or near a wildfire disaster zone for one year after the government declares a state of emergency.
This gives you time to plan and recover without worrying your insurer will suddenly cut you off. Homeowners insurance is vital; the state wants to ensure you have a fair chance to rebuild.
Are You Automatically Entitled to Punitive Damages?
Not always. Punitive damages punish wrongdoers if they act with extreme carelessness or purposefully. But you must show that the company’s behavior was especially bad.
For instance, in the Butte Fire Cases (24 Cal. App. 5th 1150), people argued that the utility company’s poor actions led to a major wildfire. A court may allow punitive damages if it sees that the company knew about the risks and blatantly ignored them. But these damages are not automatic. You need strong evidence that the company acted recklessly.
Can You Sue for More Than Just the Cost of Rebuilding?
Yes. If a wildfire caused by a big company destroys your property, you might claim:
- Property Damage: The cost to rebuild or repair your home.
- Personal Belongings: The worth of things you lost, like furniture or electronics.
- Lost Income: If you ran a business from your property and lost money.
- Emotional Distress: Damages for mental suffering or the loss of enjoyment in your home.
- Loss of Use and Enjoyment: If you cannot live in or use your land due to the fire.
This is not the same as simple accidents or insurance-only claims. It involves a bigger legal action, often aimed at a corporate or public entity that may be at fault.
Do You Have to Take the Company to Court?
You may not always end up in a courtroom. Sometimes, the company at fault (or their insurance) agrees to settle with wildfire victims. But you can file a lawsuit if they do not offer enough money. This can be a standalone action or part of a larger group.
In some big fires, many people file claims, and the cases can be combined. Courts sometimes coordinate these lawsuits so the process goes faster. If you believe a corporation caused your fire damage, speaking with a California wildfire litigation lawyer can guide your decision on whether to file suit or pursue a settlement.
How Do You Prove a Corporation Caused the Fire?
Usually, an official investigation occurs after a large wildfire. Firefighters and professionals examine the burn patterns and physical evidence to pinpoint the cause. Sometimes, the cause is a broken power line. Other times, investigators must dig deeper.
You will want to:
- Gather official reports from fire agencies.
- Collect eyewitness accounts, if any.
- Look for news articles or press releases about the cause of the fire.
If the evidence shows that a utility’s wire sparked the blaze or that a large entity was negligent, you have a stronger claim for compensation.
What if You Suspect a Utility Caused the Fire?
If you believe an electric or gas company started the fire, you can take these steps:
- Stay Informed: Watch for official announcements about the cause. Fire investigators often release a preliminary report.
- Keep Records: If you filed an insurance claim or took photos of your property damage, store them safely.
- Call a Lawyer: A California wildfire litigation lawyer can track the investigation, gather evidence, and guide you on proceeding if a utility was at fault.
There might be a specialized fund or settlement process in big utility-caused wildfires. A lawyer can tell you if you can join a larger group claim or if you need your lawsuit.
Is There a Deadline to Sue?
Yes. In California, there is typically a statute of limitations for filing lawsuits. The time limit can vary based on your legal theory (like negligence or inverse condemnation). Many wildfire victims have two or three years from the fire date to file, but it can differ.
Also, the deadlines might be even shorter if you are suing a public entity. Talking to a California wildfire litigation lawyer quickly can make a big difference in protecting your rights and building a strong case. If you miss the deadline, you might lose your chance to recover.
Can You Get Help With Temporary Housing?
If your home burned in a disaster, you might qualify for emergency help from state or federal agencies. Even if you plan to sue a corporation for damages, you can still request help for immediate needs.
This might include:
- Temporary shelters
- Disaster grants
- Low-interest loans to fix your house
These programs are separate from a lawsuit. They aim to provide fast aid so you are not left homeless while your legal claim moves forward.
Is Emotional Distress Worth Pursuing?
People often overlook emotional distress, which can be huge after a wildfire. You might lose all your family photos, safe space, or sense of security. You might have nightmares, anxiety, or depression.
In Hensley v. San Diego Gas & Electric Co., the court acknowledged that wildfire victims can seek money for mental anguish. Courts understand that losing your home or being forced to evacuate can cause serious emotional harm. So yes, you can (and should) include that in your claim if a company’s negligence caused the fire.
Why Is It Important to Collect Evidence Right Away?
Memories fade, and debris gets cleared. Over time, it can be harder to prove what happened. By gathering evidence early, you strengthen your case. Capture photos and videos that show what remains of your property. Save any news articles about the fire.
If you have receipts for items inside your home, keep them. If you lost them, write down what you owned as best you can. The more details you have, the clearer the picture of your loss—and the better chance you have for a proper recovery if a corporate party is at fault.
Can a California Wildfire Litigation Lawyer Help With Property Tax Issues?
Yes. A skilled lawyer focusing on wildfire cases usually knows about property tax relief. They might team up with tax professionals to assist in transferring your base year value or applying for any breaks you're entitled to.
This is crucial because many people do not realize they can keep their old property tax rate when rebuilding. They might let the county assess them more, missing out on valuable savings. A lawyer can guide you on all aspects of wildfire recovery, not just the lawsuit.
Can You Get Insurance Money and Sue the Utility?
Yes, you can often pursue both. Your homeowner's insurance might pay some or all of your immediate losses. But if a utility or corporate party caused the fire, you might still have losses beyond what insurance covers.
For example, you can sue the company for the difference if your policy is limited and does not fully replace your home. Plus, you might recover emotional distress damages that insurance alone will not pay. Your insurance company may later ask the utility to cover what they already gave you.
How Much Money Can You Get?
It depends. The amount depends on:
- Cost to Replace or Repair Your Property
- Value of Personal Items Lost
- Emotional Distress
- Loss of Use
- Punitive Damages (if extreme negligence is proven)
Every case is different. Some settlements are in the thousands of dollars; others reach the millions, especially if multiple homes or large businesses are lost. A California wildfire litigation lawyer can assess your losses and seek a fair amount for you.
Do These Laws Apply to Businesses Too?
Yes. You can still seek damages if your business building or farm burned down and a corporation caused that fire. You might claim lost revenue, destroyed inventory, or other harms. The same Health & Safety Code statutes apply.
Businesses can face huge losses if they must shut down for months. The law recognizes this and allows them to sue the responsible party for what they lost due to the wildfire.
Why is a Wildfire Lawyer Necessary?
Wildfire litigation can be complicated. You must prove the other side’s fault, calculate your losses, and navigate strict deadlines.
A California wildlife litigation lawyer:
- Gathers official fire reports
- Finds professionals to show how the fire started
- Calculates all your financial and emotional losses
- Negotiates with big corporations or their insurers
- Represents you in court if needed
A California wildfire litigation lawyer has experience dealing with large companies and the tough legal defenses they might use. Going it alone can be stressful and might lower your chance of a fair recovery.
Are Court Cases Expensive?
Lawsuits can be costly, with court fees, expert witnesses, and legal counsel. However, many wildfire litigation lawyers work on a contingency fee basis. That means they only get paid if they recover money for you. Then, they take a percentage of what you win or settle for.
This arrangement helps people who might not afford an attorney otherwise. When you first talk to a California wildfire litigation lawyer, you can ask about fee structures.
Work with a California Wildfire Litigation Lawyer
Wildfires can be life-changing, burning homes and treasured belongings. When a big company or other large party acts negligently, California law says they can be held responsible for your losses. You can seek money for damaged property, emotional distress, and other harms. You might also get help with property taxes, insurance protections, etc.
If you find yourself in this painful situation, do not give up. There are steps you can take—like documenting the damage, checking official investigations, and working with a California wildfire litigation lawyer. A lawyer can explain your rights, file a claim, and fight for a fair outcome.
Ready to protect your rights? Call 1-800-WILDFIRE and contact a California wildfire litigation lawyer today. They can answer your questions, guide you through the legal process, and stand up for what you deserve. Do not wait—act now to start rebuilding your life after the fire.