Wildfires are one of the most destructive natural disasters in California. While many wildfire victims know that they can recover compensation for their losses through insurance, they might not be aware that additional damages are available through personal injury claims. If insurance is not enough for your claim regarding the recent California fires, consult with an Eaton wildfire attorney about your ability to pursue additional compensation.
What Is and Is Not Covered By Insurance?
Your first option for financial compensation as the victim of a wildfire is an insurance claim. You have been paying your premiums for years; you are entitled to money from your insurance company. Reaching an insurance settlement is faster than the litigation process. It also comes with fewer legal fees, as you do not have to hire an attorney. A typical wildfire insurance claim will cover losses such as property repairs or rebuilding, lost personal possessions, living expenses while displaced, and business interruption. What insurance does not cover is emotional distress caused by a wildfire. Pain and suffering are not available as insurance benefits. In addition, insurance coverage has a maximum. In a case where a victim’s home has been burned down, it is rare for the losses to be completely covered by insurance. The average person’s policy may not cover the full cost of rebuilding or medical care to treat injuries. Finally, many policies have exclusions specifically targeting wildfire damage, especially in high-risk regions of California.
How Can Compensation Beyond Insurance Be Accessed by Wildfire Victims?
It may be possible to recover financial compensation that extends further than a wildfire insurance claim if someone caused the fire through negligence, or the failure to act with proper care. A common example is a utility company. Utility providers can cause wildfires in California through negligence such as old and faulty power lines and poorly maintained equipment. If a utility company is at fault, a victim has the opportunity to file a lawsuit in pursuit of compensation outside of insurance coverage alone. Holding a company, landowner, contractor, government entity or another party accountable for wildfire losses could lead to economic and non-economic damages to cover the victim’s losses. Settlements and jury verdicts for wildfire lawsuits often exceed insurance payouts. Collecting financial compensation through a personal injury or wrongful death claim after a harmful wildfire in California takes proof of the defendant’s fault. The plaintiff or filing party will be responsible for proving the claim using evidence. This is often achieved with assistance from a California wildfire attorney.
When Is Filing a Wildfire Lawsuit in a Victim’s Best Interest?
Once you have exhausted insurance coverage in your effort to recover from a wildfire in California, it is worthwhile to schedule a free consultation with an experienced attorney to find out if you can seek additional damages through a lawsuit. Insurance alone is not always enough to cover the full scope of a wildfire victim’s losses, especially if they are severe. An attorney can review your insurance policy to help you understand its coverage. If you have grounds to hold a person or party responsible for the fire, such as a utility company or corporation, a lawyer can seek economic, non-economic and even punitive damages on your behalf. It is especially important to consult with an attorney if you suffered serious injuries or a loved one died in a California wildfire. For more information about maximizing your compensation for a specific case, contact Bridgford, Gleason & Artinian for a free consultation about how to make a full financial recovery.