California wildfires have become more common and more severe in recent years. This means more injuries, deaths, damaged properties, destroyed homes and uprooted lives. Fire litigation is an opportunity for those impacted by wildfires to recover financial compensation for their losses by holding the responsible party accountable.
Mass Tort Cases
A mass tort is a common type of wildfire case. A mass action lawsuit pursues litigation for multiple plaintiffs against a shared defendant, such as a utility company. When a fire harms a large number of parties, a mass tort action consolidates what would be multiple lawsuits against the same defendant into a single case. This keeps the justice system more efficient for everyone.
In a mass tort lawsuit, each plaintiff has the right to hire his or her own attorney. In a mass action, each individual retains control over his or her individual case. This differs from a class action, where a group of participating plaintiffs is directed by the decisions of someone who represents the entire class.
Personal Injury and Wrongful Death
Another litigation option for the victim of a wildfire is an individual personal injury case. This civil case allows a plaintiff or injured party to seek financial compensation from a defendant through an individual insurance claim or personal injury lawsuit. After a fatal fire, surviving loved ones may file a wrongful death claim on behalf of the deceased victim instead.
Product Liability
A product liability case is a unique type of injury claim specifically regarding harm caused by a defective product. If a manufacturing error, design flaw or marketing defect created a dangerous product that sparked a fire, the manufacturer or distributor responsible for the product could become the subject of a product liability claim. These cases often use the doctrine of strict liability, which means victims don’t have to prove negligence.
Business or Commercial Claim
Fires can cause significant business interruptions and related losses for owners, including diminished foot traffic, lost business, property or structural damage, destroyed products, and relocation costs. Affected business owners have the right to initiate commercial fire litigation to seek financial compensation for their losses from the party at fault for causing the fire.
Insurance Bad Faith
Insurance companies do not jump at the chance to pay out fire claims. On the contrary, they prioritize their profits over people – they avoid and diminish claim payouts whenever possible. Insurance companies rely on many tactics to devalue, deny or delay wildfire claims.
If an insurance company does not uphold its legal duty of “good faith and fair dealing” during a wildfire case, the insurer could face an additional lawsuit for bad faith. This type of insurance litigation can provide additional compensation to the claimant to hold an insurance provider accountable for unfairly withholding coverage.
Settlement vs. Litigation
Pursuing financial compensation for a fire typically starts with the victim filing a claim with the correct insurance company/ies. Oftentimes, this is all it takes for the claimant to make a fair financial recovery.
If the victim’s losses are significant, there is a liability dispute or the insurance company is refusing to cooperate, however, the case may proceed to the litigation stage. Litigation means pursuing compensation for a fire in a civil courthouse. The right wildfire litigation attorney can make or break this type of case.
Being represented by an experienced and reputable California wildfire attorney can make all the difference to the strength and success of your litigation. To learn more about litigation as it pertains to a recent fire that impacted you, contact Bridgford, Gleason & Artinian for a free initial consultation.