Wildfires are becoming more frequent and more destructive across the United States. From coast to coast, entire communities have been devastated by blazes that leave behind loss, trauma, and destruction. Many of these wildfires are not random natural disasters, but are the result of human negligence. Negligent factors include faulty equipment, poor land management, and the careless actions of utility companies.
When a wildfire is caused by negligence, the victims have legal rights. Property owners, injured individuals, families of those who died, and people forced to evacuate may be entitled to compensation. At Kherkher Garcia, our experienced attorneys help wildfire victims understand their rights, pursue justice, and recover the financial support they need to rebuild their lives.
In this legal guide, we explain the more common causes of negligent wildfires, the types of injuries victims may suffer, what compensation may be available, and how our firm can help.
Wildfires Caused by Negligence
While some wildfires are sparked by lightning or extreme weather, many are caused by human error or negligence. In recent years, investigations have revealed that some of the most devastating fires were entirely preventable. The most common negligent causes of wildfires include:
Utility Company Failures
Utility companies are often at the center of wildfire litigation. Downed power lines, failing transformers, and poorly maintained electrical infrastructure have been responsible for some of the deadliest wildfires in U.S. history. Utility companies have a duty to maintain their equipment and trim vegetation around power lines. When they fail to do so, they may be liable for the resulting damage.
Some high-profile examples include:
- Pacific Gas & Electric (PG&E): Found liable for multiple California wildfires, including the Camp Fire, which destroyed the town of Paradise and killed 85 people.
- Southern California Edison (SCE): Linked to the 2018 Woolsey Fire, which caused widespread destruction in Los Angeles and Ventura Counties.
- Hawaiian Electric Company (HECO): Linked to the Lahaina fire, one of the deadliest wildfires in U.S. history. This fire killed at least 100 people and destroyed most of historic Lahaina.
- East Troublesome Fire in Colorado: Early investigations suggest this fire may have been related to utility company work. Burned over 193,000 acres in Grand County. The investigation is ongoing.
- Oregon Fires: Fires like Santiam Canyon and Echo Mountain Complex allegedly caused by Pacific Power (PacifiCorp) lines during windstorms. These fires burned thousands of homes and prompted massive evacuations. Class action lawsuits have been filed against the utility for failing to de-energize lines despite extreme fire weather warnings.
Construction or Industrial Activity
Construction crews, welders, and contractors working in dry conditions must follow strict fire safety rules. Sparks from equipment, failure to follow regulations, or a lack of fire prevention planning can ignite dry brush and cause fast-moving wildfires.
Negligent Land Management
Government entities and private landowners may also be held liable when their failure to manage dry vegetation contributes to a wildfire. Controlled burns that get out of hand, failure to clear dead trees, or a lack of firebreaks can all lead to disaster.
Campfires and Outdoor Negligence
Campfires, fireworks, and outdoor burning are frequent sources of wildfires. When someone starts a fire without following local laws or takes unnecessary risks, they may be responsible for the destruction that follows.
Injuries and Losses Caused by Wildfires
Wildfires are violent events that often give people little or no time to escape. Victims may suffer severe injuries, emotional trauma, and the total destruction of their homes and communities.
Common injuries and losses include:
- Burn injuries: Ranging from first-degree to life-threatening third-degree burns.
- Smoke inhalation: Exposure to toxic fumes and airborne particulates can damage the lungs and lead to long-term respiratory conditions.
- Emotional trauma: PTSD, anxiety, and depression are common among survivors.
- Property damage: Homes, businesses, vehicles, and personal belongings may be completely destroyed.
- Loss of life: Tragically, many wildfires result in fatalities, leaving families to grieve the wrongful death of loved ones.
- Evacuation expenses: Emergency relocation, temporary housing, and transportation costs can quickly add up.
- Lost income: People forced to leave work, close businesses, or suffer long-term disability often face major financial burdens.
Even if a victim escapes without physical injury, the emotional and financial damage can last for years.
What Compensation is Available in Wildfire Injury Claims?
If a wildfire was caused by negligence, victims may be entitled to significant compensation through insurance claims, personal injury lawsuits, wrongful death claims, or mass tort litigation. The specific compensation available depends on the circumstances of each case.
Potential compensation may include:
Medical Expenses
Victims can recover the full cost of medical treatment, including:
- Emergency care and hospitalization
- Surgery and burn treatment
- Respiratory therapy
- Long-term rehabilitation
- Mental health services
- Medications
Property Damage
Wildfires often destroy everything in their path. Compensation can cover:
- Replacement or repair of homes and buildings
- Loss of vehicles and personal property
- Landscaping and outbuilding repairs
- Costs of debris removal and rebuilding
Evacuation and Relocation Costs
Survivors forced to flee their homes may be compensated for:
- Temporary housing
- Hotel stays
- Transportation and fuel
- Food and basic necessities
Lost Income and Earning Capacity
If the fire caused someone to miss work or lose their job, they may recover:
- Lost wages
- Loss of future earning ability due to injury
- Business losses and interruptions
Pain and Suffering
Wildfire victims often endure lasting emotional and physical trauma. Compensation may be awarded for:
- Physical pain and disfigurement
- Emotional distress and PTSD
- Anxiety, depression, and loss of enjoyment of life
Wrongful Death Damages
If a loved one is killed in a wildfire, surviving family members may pursue damages via a wrongful death claim. Families may pursue damages including:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and guidance
- Emotional suffering
Punitive Damages
In cases of extreme negligence – especially when a utility company knowingly failed to maintain safety – courts may award punitive damages to punish the wrongdoer and deter future misconduct.
What Are My Legal Rights as a Wildfire Victim?
Wildfire victims have the legal right to pursue compensation from the parties responsible for causing the fire. This includes:
- Filing insurance claims: Homeowner’s or renter’s insurance may cover some damages, but often not all.
- Joining mass tort litigation: When hundreds or thousands of people are affected by a single negligent act (e.g., a utility company’s failure), victims can join together in a coordinated lawsuit.
- Filing personal injury or wrongful death claims: Victims or surviving families can file lawsuits against the responsible parties for damages.
- Seeking legal representation: Having a skilled wildfire attorney significantly improves your chances of success.
Wildfire cases are complex and may involve multiple defendants, such as utility companies, contractors, or government agencies. Navigating the legal process alone can be overwhelming, especially for people dealing with loss and trauma. Fortunately, you are not alone. The injury attorneys at Kherkher Garcia can answer your questions and help you protect your rights.
How Kherkher Garcia Helps Wildfire Victims
At Kherkher Garcia, we understand the devastation wildfires can cause. Our attorneys have extensive experience handling large-scale disaster and injury cases. We are committed to helping victims get the justice and compensation they deserve. Here’s how we help:
Comprehensive Investigation
We work with fire experts, engineers, and investigators to determine the cause of the wildfire and identify the responsible parties.
Handling Insurance and Litigation
Our team manages every aspect of the legal process, including:
- Filing insurance claims
- Negotiating settlements
- Representing victims in court
- Coordinating with other victims in mass tort actions
Maximizing Compensation
We fight aggressively to recover the full value of your losses, not just what insurance companies want to pay. That includes pursuing punitive damages in cases of gross negligence.
Client-Centered Advocacy
You’re not just a case number. We listen to your story, answer your questions, and guide you through every step. Our goal is to provide peace of mind and help you move forward.
No Upfront Fees
We work on a contingency fee basis, which means you don’t pay us unless we win your case. This allows you to focus on healing while we focus on your legal claim.
Getting Help with Wildfire Injury Claims
If you or a loved one has been injured or suffered losses in a wildfire, you may be entitled to significant compensation, especially if negligence played a role in the fire’s ignition or spread. You don’t have to navigate this difficult time alone. The attorneys at Kherkher Garcia are here to help you understand your rights, pursue justice, and rebuild your life. We have helped thousands of injury victims recover millions of dollars. We are ready to fight for you.
Call us today or fill out our online form for a free, confidential consultation. Let us help you take the first step toward recovery and accountability. Get started now by calling 713-333-1030.
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