By Mitch Rice
During the first week of 2025, the world watched in horror as California burned. Wildfires wreaked havoc in suburbs, leaving rich and poor residents homeless. Some even had to watch their homes burn down on live TV as they sought shelter away from the flames.
Unfortunately, wildfires are common in California and will worsen due to climate change. Those who survive these fires are often left struggling to find their feet again.
Very often, wildfires result in catastrophic injuries, total loss of property, and emotional distress.
If you are a victim of a wildfire in 2025, there are steps you can take to receive compensation for your losses. But, it is essential to know how to approach a legal claim and to hire a lawyer to help you.
Wildfire Compensation Claims
There are several types of damages for which you can claim compensation. These include:
- Personal injuries. If you suffered burns, smoke inhalation, or worsened medical conditions because of the fire, you can file a claim for compensation.
- Property damage. If you lost your home, vehicle, and other personal belongings, you may also be able to file a claim. Keep in mind that California’s insurance crisis may make this process challenging.
- Emotional distress. Wildfires are terrifying events. You may suffer PTSD and other emotional trauma. If you do, you may be able to file a claim as well.
Identifying Responsible Parties
There are many different reasons wildfires start. For instance, one lightning strike can lead to a massive fire. However, lightning was quickly ruled out as a source of the most recent Los Angeles fires.
Other common causes of wildfires include arson and utility lines. Neither of these has been confirmed as the cause of the fires either.
Therefore, since there is no official word yet on what may have caused the fires, you will likely have to seek compensation from your insurance provider. This will allow you to cover immediate losses, including your car, home, and other valuables.
However, your insurer may act in bad faith, not in small part due to the state’s insurance crisis. This does not mean you are not eligible for an insurance claim.
If your insurer refuses to pay your claim, a lawyer can help you sue them for a settlement.
If it is eventually proven that an entity or person caused the fires, you can file a legal claim against them.
There is talk of Southern California Edison’s equipment potentially responsible for the Eaton and Hurst fires. It is important to note that this has not been confirmed yet. It is still early, which means more details will emerge.
Other people who lost everything in the fires may file class action lawsuits. Thus, if they are from your area, you may be able to join in these lawsuits.
Liability in Wildfire Claims
If you file your claim, liability will form the main part of it. Your lawyer will determine whether strict liability or negligence is the applicable legal principle in your claim.
Negligence means someone did something they should not have done, and it directly caused you harm. In the case of a wildfire, negligence covers a broad spectrum of actions. For instance, someone may have left a campfire to simmer. Or, they may have failed to maintain their property, allowing the fire to spread faster to your property.
A person or utility is legally liable when it comes to strict liability. This is true whether you prove that they are to blame or not. For example, the utility company may have to pay victims of the Los Angeles fires, even if it did not start the fire.
But, if you want to sue the company under California’s inverse compensation law, you must prove the company either started or contributed to the fires. At the same time, proving that negligence or mistakes led to the blaze is not always necessary.
Insurance Claims vs Personal Injury Claims
You can have an insurance claim or a personal injury claim against a utility company (if relevant agencies discover it had started or contributed to the fires).
A claim against a utility company will not be easy. This is because it won’t be a straightforward process to prove the link between the start of the fire, the spread of the fire, and the injuries or damages sustained.
Still, if you have a good lawyer, you can compile the evidence you need to pursue such a case.
If you want to file an insurance claim instead, your lawyer can also help you through the process. Typically, insurance claims are filed after fires are contained. This is because you must determine the full extent of your damages, including injuries.
It is also important to know what your policy covers and doesn’t. For instance, your homeowner’s policy may cover wildfire damage, but your vehicle insurance may not. This means you can file a claim for damage to your house but not your car.
Additionally, your insurer will deny your claim. This may happen due to a long delay in receiving an answer (because of the sheer volume of claims).
Your insurer may claim your policy lacks adequate fire damage coverage. They may come up with a host of other reasons as well. If that does not work, they may give you a lowball offer.
This is another reason why working with a lawyer is crucial. Your lawyer can help you file a formal lawsuit against the insurer if need be.
Wildfires Will Continue to Happen
It is impossible to prevent wildfires entirely, but there are steps you can take after a wildfire to prevent future losses.
You can look into fire-resistant materials for your home and maintain defensible space around your property. Also, an emergency plan should be created that includes an evacuation plan and emergency kit.
Review your insurance policies to ensure maximum coverage for natural disasters.
Being prepared is the best way to get through disasters and get the compensation you need and deserve.
Data and information are provided for informational purposes only, and are not intended for investment or other purposes.
