Wildfires have the potential to take lives. Wrongful death claims arising from wildfires can involve many complex legal elements, including tort laws and, in many cases, utility and government liability. If you suffer the devastating loss of a loved one in a deadly wildfire, protect your family’s rights by hiring an experienced California wildfire attorney during the wrongful death claims process.
California Wildfire Deaths: Facts and Figures
Two of the top 10 deadliest fires in California’s recorded history have taken place in 2025: the Eaton Fire (18 deaths) and Palisades Fire (12 deaths). The single deadliest fire occurred in 2018 – the Camp Fire, with an astounding 85 victims killed. There are many reasons why wildfires in California have increased in recent years, from deforestation to utility company negligence. Sadly, these fires have also become deadlier due to issues such as overworked firefighters and a reduced firefighting budget.
What Is a Wrongful Death Claim?
According to California Code of Civil Procedure § 377.60, a cause of action for the death of a person may be asserted if the death was caused by the “wrongful act or neglect of another.” Neglect or negligence refers to someone exercising less than the proper or reasonable amount of care. A wrongful act can refer to recklessness, criminal activity or a wanton disregard for the safety of others. A wrongful death claim is a type of legal action that seeks financial compensation, or damages, from a defendant to make surviving family members whole again. The types of damages available in a California wrongful death case include reasonable funeral and burial expenses, lost income and future inheritance, property damage, medical bills, and pain and suffering.
Insurance Claim vs. Lawsuit for a Deadly Wildfire
A wrongful death claim in the aftermath of a wildfire can take the form of an insurance claim or lawsuit. An insurance claim may be possible if the deceased person had some form of insurance that offers payment for wildfire damage, such as homeowners or renter’s insurance. A life insurance policy could also provide financial benefits to beneficiaries. However, filing a wrongful death lawsuit may be the better choice for a grieving family. A lawsuit can provide a greater level of justice by holding someone accountable for starting the wildfire. If an investigation finds that a utility company contributed to the wildfire through faulty or poorly maintained electrical equipment, for example, a wrongful death suit could hold the company publicly responsible. A lawsuit can also result in a higher payout.
How to Prove a Wildfire Wrongful Death Case
In a wrongful death claim, the plaintiff or filing party bears the burden of proof. This means the victim’s family (or a representative of the estate) must prove that the defendant was negligent and that this caused the victim’s death. Proof in a fatal wildfire case may include:
- Photos and videos
- Evidence related to the cause of the fire
- Utility company records
- Witness accounts
- Delayed evacuation orders
- Expert testimony (e.g. fire investigator experts)
A wildfire attorney can help a family demonstrate the defendant’s negligence in connection to the deadly fire. Then, the attorney can submit proof of losses to fight for maximum financial compensation for the grieving family. For a free consultation about your legal rights and options after a devastating wildfire that takes a loved one’s life, please contact the attorneys at Bridgford, Gleason & Artinian.