Wildfires are devastating natural disasters that can destroy entire communities, homes, and livelihoods in a matter of hours. But what happens when your losses or injuries aren’t just due to “nature”, but instead linked to human negligence? If a utility company, landowner, or other party caused or contributed to a wildfire, you may be entitled to file a fire injury claim.
At Kherkher Garcia, we have helped countless clients recover after catastrophic events, including wildfires. If you or a loved one has been injured, displaced, or suffered loss due to a wildfire, here’s what you need to know about your rights.
Can You Sue for Wildfire Injuries?
Yes, you can file a fire injury claim if someone else’s negligence caused or worsened the wildfire. While some wildfires are sparked by natural causes like lightning, many are linked to human error or negligence. In these cases, victims may have grounds for a personal injury or property damage claim.
Common Causes of Wildfires Due to Negligence:
- Utility company failures (e.g., sparking power lines, faulty transformers)
- Illegal or careless burns (e.g., campfires, fireworks, brush burning)
- Failure to maintain land (e.g., overgrown vegetation near power lines)
- Negligent construction or land development
- Arson
When investigators trace the source of the fire to human negligence, injury victims may be able to pursue legal action to recover damages.
Who Can File a Wildfire Injury Claim?
You may be eligible to file a claim if you were directly affected by a wildfire and experienced:
- Burn injuries or smoke inhalation
- Evacuation trauma or illness from exposure
- Loss of a loved one
- Property damage or complete home loss
- Loss of business, crops, livestock, or income
Even if you weren’t physically injured, you may still qualify to file a property damage or wrongful death claim, depending on your circumstances.
Types of Compensation You May Be Entitled To
If your wildfire injury claim is successful, you may recover damages such as:
Medical Expenses
- ER visits, hospitalization, surgeries
- Rehabilitation and therapy
- Long-term care and medication
Lost Wages and Income
- Missed work due to injury or evacuation
- Loss of future earning capacity
Property Damage
- Home or business loss
- Personal belongings
- Agricultural losses (equipment, land, livestock)
Emotional Distress
- Trauma from fleeing the fire
- PTSD, anxiety, depression
Wrongful Death Damages
- Funeral expenses
- Loss of companionship
- Loss of household income
At Kherkher Garcia, we calculate the full scope of your damages, not just what insurance covers. This ensures you have the best means of rebuilding your life.
Wildfire Lawsuits: Utility Companies and Liability
One of the most common causes of large wildfires in the U.S. is utility company negligence. If a utility provider failed to maintain equipment, trim vegetation, or properly shut off power during dangerous weather conditions, they could be held liable for damages.
Notable Examples:
- Pacific Gas & Electric (PG&E) was found liable for several deadly California wildfires, including the 2018 Camp Fire.
- Hawaiian Electric is under scrutiny for downed power lines that may have sparked the 2023 Lahaina Fire in Maui.
These cases show that corporations can and should be held accountable for failing to protect public safety.
What to Do If You Were Harmed by a Wildfire
If you believe negligence contributed to your wildfire injuries or losses, taking the following steps can strengthen your legal claim:
Get Medical Attention
Even if your injuries seem minor, smoke inhalation or burns can worsen. Documenting your injuries also provides key evidence for your claim.
Document the Damage
Take photos and videos of:
- Burned property
- Damaged vehicles or belongings
- Environmental destruction around your home
Keep All Records
Save:
- Medical bills
- Repair estimates
- Insurance documents
- Evacuation or shelter records
Speak With an Experienced Wildfire Attorney
Don’t wait. Wildfire claims are complex and often involve large corporate defendants and insurance companies. Having a skilled law firm like Kherkher Garcia on your side makes a difference.
Why Wildfire Claims Are Challenging And Why You Need Legal Help
Insurance companies and utility corporations are often quick to deny liability or minimize payouts. They may argue:
- The wildfire was “an act of God”
- Your damages aren’t fully covered
- You were partially responsible
- You waited too long to file
Our attorneys know how to investigate, find responsible parties, and negotiate with insurers to get the compensation you deserve. We bring in expert witnesses, fire investigators, engineers, and economists to build the strongest case possible.
Frequently Asked Questions About Wildfire Injury Claims
Can I still file a claim if the fire was caused by a natural event?
If lightning or other natural causes sparked the fire, you may not have a claim against a third party. However, if another factor (such as faulty firebreaks, ignored safety warnings, or inadequate evacuation alerts) contributed to your injuries, you may still have a case.
Is there a time limit to file a wildfire lawsuit?
Yes. Each state has a statute of limitations that sets a deadline for filing personal injury and property damage claims. In many cases, this is two years from the date of the fire—but this varies. It’s best to speak with an attorney right away.
What if I already received an insurance payout?
You can still pursue a lawsuit against a negligent party even if your insurance covered some of your losses. A lawsuit can cover additional damages like pain and suffering, emotional trauma, or business losses.
Can renters or tenants file claims too?
Yes. You don’t need to own property to file a wildfire injury claim. If you were forced to evacuate, lost personal property, or suffered injuries, you may still be eligible for compensation.
Do I need to prove who started the fire?
No. Our legal team works with investigators to determine the cause of the fire. You don’t need to prove fault on your own. We handle that for you.
Real Lives. Real Recovery.
At Kherkher Garcia, we know that wildfire survivors are more than statistics. We have represented people who:
- Lost everything in a matter of minutes
- Watched loved ones suffer burn injuries
- Were forced to flee with only the clothes on their backs
- Faced trauma that continues long after the smoke clears
We bring compassion, experience, and relentless advocacy to every wildfire case. Our attorneys take the time to understand your story and pursue justice that makes a real difference in your life.
Contact Kherkher Garcia Today for a Free Wildfire Case Review
If a wildfire caused by negligence upended your life, you don’t have to face the recovery process alone. The experienced attorneys at Kherkher Garcia are here to:
- Investigate the fire’s origin
- Identify all responsible parties
- Fight for full compensation
- Help you and your family recover physically, emotionally, and financially
We handle wildfire claims on a contingency basis, which means you pay nothing unless we win your case.
When disaster strikes, you deserve answers and accountability. Whether you have suffered injuries, lost a home, or lost a loved one, filing a wildfire claim may be the first step toward healing and rebuilding. Let Kherkher Garcia fight for you. Get started now by calling us at 713-333-1030, or by submitting our online contact form.
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