Wildfire Lawyer

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What is a wildfire?

A wildfire is an uncontrolled fire that burns wildland vegetation—most often in rural areas. However, while wildfires can burn in forests, grasslands, deserts and other ecosystems, they aren’t limited to any one type of environment. 

Even though most wildfires start in rural areas, they can quickly spread to more populous residential areas.  Homeowners living in wildfire-prone areas can reduce some risks by learning how to prepare for wildfires before fire season begins.

When these out of control burns spread to residential areas, they devastate not only wildlife and natural areas but also the people, homes and businesses in nearby communities.

What causes wildfires?

According to the National Park Service, 85% of wildfires are caused by humans. Studies show human carelessness is not only the majority cause of wildfires, but it also accounts for doubling the length of wildfire season.

During periods of elevated fire danger, Texas burn bans are intended to reduce preventable fires. Often, humans cause wildfires from the following: 

  • Campfires left unattended
  • Burning debris
  • Equipment use and malfunctions
  • Negligently discarded cigarettes
  • Intentional acts of arson

Who is liable for wildfires?

One of the questions we’re often asked is: How can a utility company be held responsible for damages caused by a wildfire? In fact, a utility company may be held accountable through a wildfire lawsuit if a blaze is caused by the following: 

  • Old, poorly maintained, or malfunctioning power line
  • Sparks from equipment
  • A nearby tree that hasn’t been properly maintained by the power company

What can I recover after a wildfire?

If you’re hesitant to consider a lawsuit after an uncontrolled blaze, it’s important that you understand that your homeowners or renters insurance or even FEMA, may not cover all of the expenses you incurred. 

Often, bodily injury that you or a loved one suffered is not recoverable through traditional means. In addition,  through these avenues, you may not even be able to recover the full cost of the property you lost. By contacting a Wildfire Lawyer, you may be able to recover the following:

  • Evacuation Expenses (such as hotel stays)
  • Wrongful Death from Fire or Smoke         
  • Hospitalization
  • Serious Burns
  • Other Serious Personal Injury
  • Long-term Health Effects
  • Psychological Impact
  • Home Loss
  • Structure Loss
  • Damage to Animals/Pets
  • Damage to Timber/Trees
  • Erosion
  • Vegetation Loss
  • Damage to Landscaping
  • Significant Property Damage
  • Economic Loss
  • Agriculture Loss
  • Damage to Infrastructure
  • Business Loss
  • Business Interruption        
  • Smoke Damage
  • Damage from Soot & Ash
  • Underinsured Property
  • FEMA Assistance
  • Utility & Other Service Interruptions
  • Housing Market Impacts
 
Even individuals whose homes are not damaged may experience respiratory problems and other wildfire smoke health effects following a nearby fire.

What are my options after wildfire damage?

Many families don't realize that there are several options available to help them recover after a wildfire. Learning more about wildfire damage claims may help you better understand what compensation could be available through insurance or legal action.

FEMA

FEMA is for those individuals and businesses that either have no insurance or are severely underinsured. According to Carlson Law Firm Wildfire Lawyer Bill Rossick, unless you are certain your insurance covers all your losses, you should apply for FEMA.

If you qualify, FEMA provides cash financial assistance to individuals up to $32,000—depending on the number of homeowners or renters insurance you have. Businesses that have suffered losses in a fire can apply for low-interest disaster loans. 

Insurance Company

Homeowners or renters who carry insurance may be able to file a claim with their insurance providers. However, often, what is covered is limited. 

Lawsuits against companies

As mentioned above, electric providers, railroad companies and other businesses whose negligence contributed to a wildfire may be held accountable. Understanding how to prove negligence can help explain how liability is established in wildfire claims.

Wildfire Lawyer

Download Your Copy of Our Home Inventory Spreadsheet

Creating a detailed home inventory is crucial for filing insurance claims after a wildfire. Here’s how to do it:

  • Document Your Belongings: Photograph or video each room, including closets and drawers. Create a list noting item names, descriptions, purchase dates, and values. Include receipts and appraisals for valuable items.
  • Organize and Store: Store your inventory digitally using cloud services, and keep a physical copy in a fireproof safe or with someone outside the fire-prone area. Update the inventory regularly to reflect new purchases.
  • Review Insurance Coverage: Ensure your policy covers replacement costs, not just actual cash value. Consider additional coverage for high-value items like jewelry or art. Share your inventory with your insurer to streamline any future claims.
 

Download our inventory spreadsheet to get started on ensuring the insurance company covers all of your belongings. Learning more about legal help for wildfire victims may help you better understand your options before speaking with an attorney.

Wildfire Resources

Wildfire recovery often involves more than one challenge. The following resources provide additional information about wildfire preparedness, property damage, smoke exposure and legal recovery options.

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