A wildfire lawsuit is a type of legal action that can be taken by one or multiple victims against a party for causing the wildfire or contributing to the disaster through negligence. In California, many wildfire lawsuits have been filed against utility companies for faulty equipment and other examples of negligence. Knowing what to expect from the timeline of a wildfire lawsuit can help you plan for the future.
Initial Consultation With a Wildfire Attorney
A wildfire lawsuit in California should always start with a consultation with an attorney who specializes in this practice area. Schedule a free consultation to discuss your case and needs with a lawyer. The case evaluation is your chance to ask questions, receive tailored answers and become educated about your legal rights. Your wildfire attorney can assess the merits of your case, help you determine who may be responsible and explore your legal options.
Claim Filing
If an attorney determines that you have a case, the law firm can take care of filing processes on your behalf. This includes determining the defendant or accused party, evaluating your losses and calculating damages, filling out claims forms, and filing your claim with the correct courthouse before California’s statute of limitations (filing deadline). This can take several months. Some wildfire cases in California are individual lawsuits while others are grouped into mass tort litigations. Mass torts are common following wildfires, as these cases typically involve multiple victims or plaintiffs taking legal action against a shared defendant, such as Pacific Gas & Electric (PG&E) or Southern California Edison (SCE).
Investigation and Discovery
Once the claim is filed, the lawsuit will enter the discovery phase. This is an investigative period where both sides can collect evidence and learn why and how the fire started. Evidence involved in wildfire discovery can include proof of property damage, photographs and videos, insurance documentation, financial records, and testimonies provided by relevant experts. Discovery can take one year or longer, depending on the complexity of the case.
Settlement Negotiations
At any point during a wildfire lawsuit .(prior to the first day of the trial), both parties can agree on a settlement that resolves the legal dispute outside of court. A settlement is generally preferred by both parties, as it is cheaper and faster than a court trial. The parties involved can also remain in control of the outcome of a settlement. The timeline of a wildfire claim settlement will depend on the case, but can take several months to multiple years. Reaching a settlement may take many meetings, including mediation or arbitration, before an agreement is achieved.
Trial
If a settlement cannot be agreed upon, a wildfire case may proceed to trial. A wildfire trial in California could be scheduled for one to three years after the fire itself. The timeline varies based on the length of the discovery phase and the availability of a court date. If a verdict in the plaintiff’s favor is granted, the funds will be distributed according to the terms of the judgment award. Overall, a wildfire lawsuit could take several months to one to three years or longer. However, your case is entirely unique and should be reviewed by a wildfire attorney for a personalized timeline. Contact us today.