A wildfire is a devastating event that can leave you feeling stressed and overwhelmed about your future and where to turn for assistance. Understanding your legal rights is crucial for recovering and rebuilding as much as possible during this difficult time. Knowing your rights can allow you to protect them while you pursue maximum financial compensation for your losses. If you have been affected by the recent LA wildfires, our Eaton Fire lawyers and Palisade Fire lawyers can help you craft a path toward recovery.
The Right to Remain Protected
In the immediate aftermath of a wildfire, it is important to know your rights to remain protected. This includes the right to enter an emergency shelter without discrimination, your right to have equal access to goods and services, and your right to take time off of work due to unsafe conditions. These are all rights granted to you by various civil rights, housing and labor laws in California.
The Right to Hold Someone Responsible
While it is possible for a natural disaster such as a lightning strike to spark a disastrous wildfire, the most destructive fires in California’s history have been traced back to human causes. In this scenario, you have the right to hold the responsible party accountable for the losses you have suffered as a wildfire victim. Potential at-fault parties include:
- Utility companies
- Electric companies
- Gas companies
- Property owners or managers
- Maintenance contractors
- Businesses or corporations
- Construction companies
- Government agencies
- Property manufacturers
These parties will likely have insurance policies to pay for any liabilities. While not directly responsible for causing the wildfire, insurance companies are responsible for paying out valid claims. The failure to do so is known as bad faith – a tort or wrongdoing that could lead to a lawsuit brought against the insurer itself.
The Right to Fair Financial Compensation
As a wildfire victim, you have the right to seek a financial recovery from your homeowners insurance policy, renter’s insurance, commercial insurance, or the insurance provider of the negligent individual or entity. You may also qualify for financial assistance from a government program. You could be eligible for compensation for the following:
- Personal injuries
- Medical expenses
- Lost wages or business income
- Pain and suffering
- Property damage
- Lost personal belongings
- Housing and living expenses
If someone else carelessly or intentionally caused the wildfire that impacted your life, you have the right to pursue financial compensation from this party for all of your related losses. However, it will be up to you or your attorney to prove fault and liability.
The Right to Appeal a Rejected Claim
Due to the nature of the insurance industry, your wildfire claim may be denied by an insurance company even if it is valid and should be paid. Insurance companies are for-profit businesses that will always put their interests first. This can lead to eligible claims being rejected without reason. If your insurance claim has been denied after a California wildfire, you have the right to pursue an appeal. With assistance from a wildfire attorney, you can request an internal review of your claim or file an official appeal in court. A lawyer can help you demand the financial coverage you deserve from an insurance provider, even if this means taking your case to court. If you are a victim of insurance bad faith, your attorney can help you file a separate legal action against the insurer, as well. Request a free wildfire case consultation in California to discuss your specific case and legal rights as a victim. Contact Bridgford, Gleason & Artinian today.