Wildfires can cause a great deal of destruction, sometimes leading to millions of dollars in damage for home and business owners. Victims who are affected by wildfires can file insurance claims or lawsuits to seek financial compensation for their losses. Whether a wildfire case goes to court depends on the circumstances, but the vast majority of these cases in California are settled outside of the courtroom.
Settlement vs. Wildfire Trial
A settlement refers to a private, out-of-court agreement between an insurance company and a wildfire claimant. It is a mutual agreement to resolve the case in exchange for a specific amount of money being given to the claimant. This amount will depend on the limits of the insurance policy and the extent of the victim’s damages. A wildfire case that goes to trial will end up in a courtroom before a judge or jury. During a wildfire trial, both sides of the case will have the opportunity to present physical evidence, documentation, witness testimony and expert testimony to support their arguments. Then, the judge or jury will make a decision on the case based on the facts and their application of relevant laws.
As seen in the ongoing Eaton Fire litigation, negotiations may move slowly until a trial date is set. This motivates potential defendants to come to the table and discuss settlement options to avoid a trial. Our Eaton Fire attorney can explain your options if you were affected by the Altadena fires.
Pros and Cons of Both
There are pros and cons to consider when comparing settlements to wildfire trials in California. In general, the benefits of a settlement include a faster resolution, less stress on the victim, reduced legal costs, privacy and some control over the outcome. Advantages that a trial may have over a settlement include holding a utility company or defendant publicly accountable for the wildfire and potentially receiving greater financial compensation, as a jury may award pain and suffering and punitive damages.
Most Cases Settle Prior to Trial
Whether or not your wildfire case in California will go to court depends on your unique situation and goals. However, the vast majority of clients do not end up involved in wildfire trials. Most of these cases can be dealt with by email and phone by your wildfire attorney. A lawyer can negotiate a fair settlement on your behalf to help prevent the case from having to proceed to court. If you have a large-scale wildfire lawsuit, however, with a great amount of damages, it may end up going to trial. Cases where you are part of a larger group, such as a mass tort or class action, may also go to court, although it is unlikely that you will have to appear personally in this situation. Even if your case goes to court, your attorney may be able to handle appearances for you to minimize your stress. Hiring a law firm to deal with your case decreases your odds of having to go to court yourself. Your lawyer will make the claims process as simple, painless and straightforward as possible while you focus on getting your life back in order.
How a Wildfire Lawyer Can Help You Avoid Court
Getting help from a wildfire lawyer in California can enable you to pursue maximum compensation for your property damage, injuries and various other losses while avoiding the stress of going to court yourself. A lawyer can handle insurance claims for you, negotiating with adjusters so that you don’t have to face them alone. Your lawyer will push to achieve a fair settlement without litigation. This is often possible, as skilled attorneys know how to negotiate settlements through mediation and arbitration. If a private settlement cannot be reached or your attorney recommends going to trial, the law firm can build a strong case on your behalf and represent you in court while you focus on your future.