Wildfires can have devastating physical and financial consequences. If you were injured in a preventable fire, a California wildfire lawyer can help you seek damages.
The lawyers at Sweet James have been representing injury victims for more than 25 years. If you suffered injuries or financial losses in a fire caused by someone else’s negligence, a San Diego wildfire lawyer can help you pursue compensation.
Why Hire a San Diego Wildfire Attorney?
Proving what caused a fire and who is responsible can be challenging. A wildfire lawyer can:
- Investigate the wildfire: An attorney can examine fire reports, photographs, videos, weather conditions, utility records, inspection records, and other evidence to determine how the fire started and who is at fault.
- Document your damages: An attorney can help calculate your property damage, medical expenses, lost income, and other losses to determine your claim’s true value.
- Negotiate for a settlement: An attorney can negotiate with insurance companies and pursue a settlement that accounts for all of your losses.
- Represent you in court: An attorney can represent your interests in court if settlement talks fail.
What Types of Damages Are Available?
After a fire, you can pursue both economic and non-economic damages, such as:
- Property damage: You can seek compensation for damage to or destruction of your home, business, vehicles, personal property, and other belongings.
- Temporary living expenses: You can seek reimbursement for reasonable expenses associated with temporary housing and other necessities if a wildfire makes your home uninhabitable.
- Medical expenses: You may pursue damages for emergency care, hospitalization, medication, rehabilitation, and other treatment related to wildfire injuries.
- Lost income: You may seek compensation for income you lost because injuries or wildfire-related circumstances prevented you from working.
- Future financial losses: You may be able to recover damages for reduced earning capacity or other anticipated financial consequences of an injury.
- Pain and suffering: You may seek damages for physical pain, emotional distress, and other non-economic harm caused by the wildfire and any resulting injuries.
- Wrongful death losses: If you lost a loved one in a fire, you can pursue compensation through a wrongful death claim.
- Punitive damages: If the at-fault party acted with oppression, fraud, or malice, you may receive punitive damages.
A San Diego personal injury lawyer can help you build a comprehensive claim.
How Long Do You Have to File a Wildfire Lawsuit in California?
Under CCP § 335.1, you generally have two years from the date of a wildfire to file a personal injury lawsuit in California. For property damage, CCP § 338 generally gives you three years to file.
If you lose a loved one in a fire, you typically have two years from the date of their death to submit a wrongful death lawsuit. Failing to file your claim before the applicable statute of limitations expires can result in you losing the right to sue, which is why you should contact a wildfire lawyer serving San Diego as soon as possible.
Who Is Liable for a Wildfire in California?
More than one person or organization may be held responsible for a wildfire in California. Potentially liable parties include:
- Utility companies: A utility company may face liability when defective or poorly maintained electrical equipment, power lines, transformers, or other infrastructure causes a wildfire.
- Property owners: A property owner may be responsible when dangerous conditions on the property or negligent conduct contribute to a fire.
- Businesses: A business may be liable when its employees, equipment, operations, or property conditions contribute to a wildfire.
- Contractors: Contractors may be responsible when construction, landscaping, electrical, or other work creates a fire hazard or causes an ignition.
- Individuals: A person may be liable if negligent conduct, such as improperly handling a fire or operating equipment, causes a wildfire.
- Government entities: In certain circumstances, a government agency may face liability for conduct or property conditions that contribute to a wildfire.
How Do You Prove a Wildfire Liability Claim?
To prove a wildfire claim, you generally need to present evidence connecting the defendant’s conduct to the fire and your resulting losses. Useful types of evidence may include:
- Fire department and fire investigation reports
- Photographs and videos taken before, during, and after the fire
- Eyewitness statements
- Weather and wind data
- Utility maintenance and inspection records
- Electrical equipment and infrastructure records
- Property inspection records
- Vegetation and fire-prevention records
- Medical records and bills
- Employment and income documentation
- Insurance policies and claim correspondence
- Receipts, estimates, and documentation of property losses
What Causes Wildfires in San Diego?
Wildfires can start for many different reasons, including:
- Electrical equipment: Damaged, defective, or poorly maintained power lines, transformers, and other electrical equipment can ignite nearby vegetation.
- Vehicles: Hot vehicle components, mechanical failures, or sparks from vehicles can ignite dry grass and other combustible materials.
- Construction activity: Welding, cutting, grinding, electrical work, and other construction activities can create sparks or heat capable of starting a fire.
- Machinery: Landscaping equipment, agricultural machinery, generators, and other equipment can create ignition sources when operated improperly or under hazardous conditions.
- Campfires: Unattended or improperly extinguished campfires can spread into surrounding vegetation, particularly in dry or windy conditions.
- Cigarettes: Discarded cigarettes or other smoking materials can ignite dry vegetation.
- Arson: Some wildfires are deliberately started, potentially creating criminal and civil liability for the person responsible.
- Property conditions: Accumulated vegetation, combustible materials, or other hazardous conditions on private property can contribute to a fire’s ignition or spread.
What Should You Do After a San Diego Wildfire?
The steps you take after a wildfire can affect your ability to pursue a personal injury claim. You should:
- Seek medical attention: See a doctor to get treatment for any burns, smoke inhalation, respiratory problems, or other injuries.
- Document the damage: Take photographs and videos of damaged property once it is safe and legally permitted to enter the area.
- Preserve records: Keep receipts, repair estimates, hotel bills, medical records, wage documentation, and other records showing your losses.
- Notify your insurer: Report the loss to your insurance company and keep copies of communications, estimates, and settlement offers.
- Avoid destroying evidence: Do not discard damaged property or repair equipment involved in the incident before it can be properly documented.
- Record what you remember: Write down what you observed before, during, and after the fire while the details remain fresh.
- Identify witnesses: Keep contact information for people who may have witnessed the fire’s origin, its spread, or the circumstances surrounding the incident.
- Speak to an attorney: Talk to a wildfire attorney serving San Diego to get help with your claim.
Consult a Wildfire Attorney Serving San Diego
A wildfire can leave you dealing with injuries, destroyed property, and uncertainty about what to do next. If you were the victim of a preventable fire, a San Diego wildfire attorney from Sweet James can collect evidence to prove what caused it and help you pursue compensation for your losses.
We work on a contingency fee basis, so if we don’t recover compensation for you, you’ll owe us nothing. Book a free case review to find out how you can seek justice.
