When a California wildfire takes a toll on your property, community and life, you need timely funds to rebuild. Mediation is an out-of-court process that can help you achieve a settlement sooner. A wildfire lawsuit that goes to trial, however, could result in greater financial compensation. The right legal route for you is something that should be discussed with an experienced California wildfire attorney.
Why File a Wildfire Lawsuit?
The number of wildfires has been increasing in California in recent years. The top four most destructive wildfires in California’s recorded history have all occurred since 2017. All but 2 of the top 20 most destructive wildfires took place in 2003 or later. Large numbers of home and business owners in California have recently had to deal with the wildfire claims process. Unfortunately, many of them have found out that their insurance is not adequate for the extent of their losses. Victims often need legal help to pursue as much compensation as they can to be made whole again. This may include non-economic damages to pay for a victim’s emotional distress and the nuisance of having to rebuild from the ground up. If you were affected by the 2025 Pasadena fires, contact our Eaton Fire lawyer to explore your options.
Mediation in Wildfire Lawsuits
Mediation is an informal meeting between two parties that are involved in a legal dispute. Oftentimes, the parties are also accompanied by their legal representatives. They will meet before a mediator, or an impartial third party who has been chosen to help facilitate settlement negotiations. During mediation, the mediator will transfer messages between the parties and aid with conflict resolution. The goal is for both parties to agree on a satisfactory settlement, or an amount of money that will be enough to resolve the dispute and dismiss the case. Wildfire settlements in California can be collected from homeowners’ insurance companies, but they may also come from utility companies or large corporations that played a role in starting or failing to prevent the wildfire. Mediation can result in fair compensation for wildfire victims while avoiding the expense, time and risk of a trial.
What to Expect From a Wildfire Trial in California
A wildfire trial describes a formal court process before a judge or a jury. Both the plaintiff and defendant will present evidence such as photos, videos, property damage analyses, witness testimony and relevant experts. During a wildfire trial, your attorney’s goal will be to prove based on a preponderance of the evidence that the defendant’s actions caused the fire. A judge or jury will listen to the evidence presented and decide the outcome of the wildfire lawsuit by applying relevant laws. If the verdict is given in the plaintiff’s favor, the judge or jury will order a specific amount that the defendant must pay for their liability for the wildfire.
Which Route Is Right for You: Trial or Mediation?
Trials and mediations for wildfire lawsuits both have pros and cons. One potential advantage of going to trial is a larger case outcome to help victims rebuild their lives. This can include an amount awarded for pain and suffering or punitive damages. Going to trial also publicly holds the defendant accountable for their role in causing the wildfire. A settlement through mediation, on the other hand, can be faster and less expensive. A wildfire lawsuit that goes to trial could take two to five years from start to finish. Working with a skilled wildfire attorney in California can improve your chances of reaching a settlement outside of court for the amount you need. For example, a lawyer can get a judge to set a trial date, which typically motivates defendants to settle. Utility companies generally do not want to go to trial and be held liable in front of homeowners and renters whose homes they burned down. To pursue the compensation that you deserve through all available legal outlets, contact Bridgford, Gleason & Artinian to request a free case evaluation.