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According to California’s Department of Forestry and Fire Protection, about 4% of California’s total land area was burned in 2020 alone. Since then, the threat of wildfires has only increased, and Cal Fire now says that catastrophic has become the new normal.
If you experience a California wildfire first-hand and suffer property damage, then you’ll likely want to know what your options are for recovery. Sadly, California wildfires leave thousands of residents without a home every year, forcing them to completely start over. To identify your options for recovery, it might be best to consult with California attorneys who can listen to your unique circumstances, go over any existing insurance policies, and investigate what caused the fire that destroyed your home.
Learn more about what to do after a California wildfire, your legal options, and how our team here at Kermani LLP can help you cope with your losses below.
Steps to Take Immediately After a Wildfire
If you receive an emergency wildfire alert, then it’s important to take heed to the message, especially if it mentions evacuating the area. Only once the area is completely safe and clear should you return to your home.
Remember, just because the fire threat has passed does not mean that the area is completely free of danger. Be sure to fully analyze the area and survey the property for structural damage, hazards, heat pockets, or even smoldering embers. Don’t attempt to enter into the structure if it seems unsafe, but you can take steps to protect your structure against further damage.
Assess your losses as soon as possible so that you can start an insurance claim or lawsuit promptly. If possible, consult with a burn injury attorney before you talk to an adjuster. The right attorney will brief you on how to handle the adjuster and their questions, or you can have your lawyer handle the claim process for you.
Legal Issues Faced by Wildfire Victims
Since wildfires are such a common occurrence in California, you’d think that getting compensation after suffering wildfire losses would be straightforward and simple. Unfortunately, that’s usually not the case. Instead, getting what you deserve will be an uphill battle, since the other party will have an incentive to minimize your losses at every turn.
To help you get through the many legal issues you’ll come across, it might be wise to consult with lawyers in your local area to get customized legal advice based on your circumstances. That said, we’ll go over some common legal issues faced by wildfire victims below.
Identifying the Responsible Party
One major hurdle you’ll face when seeking compensation for your losses is identifying who should be held responsible for the damages. To identify the responsible party, you’ll need to look over any existing insurance policy you have and potentially investigate what caused the fire. Experienced California wildfire lawyers can help with this process, including securing qualified wildfire investigators to seek out the source of the fire.
Proving Negligence
Another legal issue victims will have to deal with when they pursue claims after wildfires is proving negligence. Under the law in California, negligence occurs when one person has a legal duty to take reasonable steps to secure the safety of another person and fails to do so. If you can prove negligence caused the fire, then the negligent party will be held financially and legally responsible for the losses.
Valuing Your Losses
While pursuing your claim, it’s imperative that you properly value your losses. If you’re not sure how much your claim is worth, then you’re more likely to accept a damage compensation settlement award that’s lower than what you deserve and doesn’t fully cover your losses. To ensure that doesn’t happen to you, get in touch with an attorney and calculate the full extent of your damages before accepting a settlement.
Insurance Claims and Disputes
Did you have an existing insurance policy in place? If so, then expect to have a lengthy negotiation period with your insurer. Insurers should always work in good faith, looking to provide you with the compensation you genuinely are entitled to, but some insurers operate in bad faith and are only looking to minimize your losses and boost their profits.
How to Handle a Denied Insurance Claim
Insurance conflicts arise when your insurer denies your claim or attempts to minimize it. They may argue that you lived in an uninsurable zone, or they might say that they aren’t responsible for the losses because you didn’t produce enough proof of your losses. Insurance disputes are complicated, but the right lawyer will advocate for you and help you reach a more reasonable agreement with your provider.
How Kermani LLP Can Help
Going through a California wildfire is a traumatic experience, especially when it results in the loss of your home and belongings. If you get hurt, then the experience can be even more horrific, possibly requiring a long-term recovery period.
California wildfire attorneys can help victims who’ve sustained wildfire damage identify their options based on the specific situation. When negligence or intentional fire-starting caused the fire, you may have the option of filing a claim for compensation with the responsible party. When you have an insurance policy in place, you may be able to file a claim directly with your insurer.
Established back in 2011, Kermani LLP has a goal of advocating for hurt citizens just like you by leveraging the law to your advantage. Our team has office locations in both Santa Monica and San Francisco, so we know and understand wildfire risks very well.
We’re confident that we can provide you with solid, personalized legal counsel to help you make good decisions regarding your wildfire damage. Schedule a call with our team now to talk in more detail about what happened.
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Frequently Asked Questions
Why does California have so many wildfires?
California’s serious wildfire problem is caused by a multitude of factors including human negligence, the natural landscape, rising temperatures, and recent drought conditions. Together, these factors create a perfect atmosphere not only to create wildfires but keep them going. Unfortunately, wildfires have been getting worse in recent years.
Does homeowners insurance cover wildfires in California?
In short, it depends on your specific homeowner’s insurance policy and the area you live in. In general, most homeowner’s insurance policies include fire insurance. In the event your home is damaged in a wildfire, you’ll be able to recover a specific amount in damages as outlined in your policy.You may not be covered, however, if you live in an area that has an elevated risk of wildfires. The California State Fire Marshal publishes Fire Hazard Severity Zone maps that outline the most vulnerable areas. If you live in an area that’s determined to have a moderate, high, or very high wildfire risk, then your insurer might contact you to cancel your coverage or let you know that you’re not eligible for fire coverage.
Who is liable for wildfire damage?
Identifying who might be liable for wildfire damage depends on what caused the wildfire. If someone’s negligence or intentional behavior caused the fire, then they might be responsible. In recent years, many wildfires have been started by arsonists. If an intentional act of fire-starting initiated the fire that destroyed your home, then it might be possible to pursue some compensation from the responsible party through a lawsuit. Similarly, if a governmental agency’s failure to upkeep land caused the fire, then you might be able to seek coverage from the agency through a lawsuit. Typically, though, when the cause is unknown, you’ll seek coverage through your insurance policy.
What is the average cost for a California FAIR Plan?
On average, a California FAIR Plan will cost you around $3,200. Initially, this cost may seem excessive, but you need to keep in mind that these plans are specifically designed to cover areas that are very likely to be destroyed considering their extreme risk for wildfires. The California FAIR Plan isn’t a government program, and it’s not funded through tax dollars. Instead, it’s a plan that was developed by state mandates. It’s also meant to be a temporary solution rather than a long-term option for homeowners.
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