A wildfire has the potential to cause an immense amount of physical, emotional and financial damage to those impacted. Recovering from a wildfire can be made easier by financial compensation granted to the victim to rebuild. In California, this compensation can come from both FEMA aid and a California wildfire lawsuit; the choice is not either/or.
What Is FEMA Aid?
FEMA aid refers to financial assistance provided by the Federal Emergency Management Agency in the aftermath of a disaster. FEMA offers monetary support to help individuals and communities impacted by declared disasters. FEMA aid is typically distributed after natural catastrophes such as floods, storms and wildfires.
If a California wildfire is declared a disaster or emergency by the federal government, FEMA will respond by sending personnel and assistance to support impacted communities and bolster local efforts. FEMA will offer aid to individual households in the form of short-term housing, home replacement and repair grants, and Other Needs Assistance (ONA) funds to replace personal property.
Does Accepting FEMA Aid Stop Me From Filing a Wildfire Lawsuit?
No, accepting FEMA aid or other forms of government assistance will not stop you from recovering additional compensation by filing a legal claim or wildfire lawsuit. One does not disqualify a victim from the other.
FEMA aid is not designed to fully reimburse disaster victims for 100 percent of their damages. It is a disaster relief fund to help those affected get to safety and get back on their feet. The law also permits victims to file insurance claims and lawsuits, when available.
What Is a Wildfire Lawsuit?
When a wildfire is caused by human error or negligence, the victims impacted have the right to file a lawsuit against the at-fault party or entity to be made whole again. A lawsuit aims to hold an individual, government agency or utility company responsible for damages caused by a preventable wildfire. Under California’s inverse condemnation law, even if a public utility was not negligent, it could be held strictly liable for any wildfires its equipment causes.
Compensation Available to Wildfire Victims in California
FEMA assistance can be helpful to those impacted by California wildfires, especially in the early days of their losses. However, a wildfire lawsuit can return far greater financial compensation. While any FEMA aid received may need to be reimbursed by a settlement or verdict won, the victim can still recover enough to rebuild their home, replace lost income, and make up for physical and emotional trauma.
Available compensation may include:
- The cost to repair a damaged home or property
- The cost to rebuild or replace destroyed property
- Medical treatment for any bodily injuries (burns, smoke inhalation, etc.)
- Lost wages and diminished future earnings
- Any business losses or interruptions
- Pain, suffering and emotional distress
If you are affected by a wildfire, it’s important to carefully document all of your financial losses and the assistance you received from FEMA. Legally, you cannot recover compensation twice for the same wildfire expense. Any damages you receive through a settlement or lawsuit may be diminished by the amount you received from FEMA aid. A wildfire attorney can help you keep your finances organized and seek maximum compensation after a wildfire disaster.