If you are impacted by a wildfire in California, it is important to understand that there is a legal deadline on your ability to seek compensation through a wildfire lawsuit. If you wish to bring a lawsuit against a utility company or another party for causing the fire, you will generally have two years for a personal injury claim and three years for property damage.
California’s Personal Injury Statute of Limitations
Wildfires can spread with extreme speed, reaching homes and properties before residents have a chance to evacuate or even become aware of a wildfire in the area. Sadly, hundreds of Californians sustain serious injuries and die due to wildfires each year.
If a wildfire investigation returns evidence that an individual or entity caused or contributed to the fire, that person or party can be held liable (legally and financially responsible) for victims’ losses through an insurance claim or wildfire lawsuit in California. However, the victim must take legal action before the statute of limitations expires.
According to California Code of Civil Procedure (CCP) §335.1, any legal action for injury to or the death of an individual caused by the wrongful act or neglect of another must be brought within two years. Generally, the clock on the statute of limitations starts counting down on the date that the injury occurs. However, it may be tolled (paused) until the date of reasonable injury discovery under the discovery rule.
Wildfire Property Damage Statute of Limitations
California upholds a different statute of limitations when it comes to claims for property damage only. If you did not suffer a personal injury in a wildfire but sustained property damage, you will have three years from the date that the wildfire took place under CCP §338. This deadline applies to damage to your home, land or buildings as well as personal property, such as motor vehicles, artwork, furniture and belongings.
Special Time Limits Under California’s Inverse Condemnation Rule
For Californians affected by wildfires, a special rule known as inverse condemnation allows victims to hold public utilities and government agencies liable for wildfire damage caused by their equipment, regardless of negligence. This rule applies to claims brought against utility companies such as Pacific Gas & Electric (PG&E) and Southern California Edison (SCE).
If you wish to file a claim under California’s inverse condemnation law, you generally have three years for both property damage and personal injury. Unlike a standard lawsuit against a government agency in California, which must be initiated within six months under the California Government Claims Act, inverse condemnation claims do not require a preliminary notice to be filed early on.
Don’t Wait – Act Now to Seek Justice for a California Wildfire
While you may have two to three years to file your wildfire claim depending on its type, it is highly recommended that you seek legal advice from a wildfire lawyer much sooner. If you unintentionally miss your statute of limitations, you will most likely be barred from recovering any financial compensation for your related losses.
In addition, if you have a lawsuit where you do need to prove that the defendant was at fault or negligent, important evidence in your favor may become lost or destroyed after too much time has passed. Swift legal action can make it possible to preserve and collect key evidence and information before it’s too late.
Reach out to an attorney at Bridgford, Gleason & Artinian without delay to discuss a wildfire lawsuit at no cost. Our legal team will make sure the paperwork to initiate your claim is filed by the deadline.