We Are Accepting Clients Who Are Victims of the Eaton Fire, Which Threatens Locals in Greater Los Angeles Area
Eaton Fire Threatens Locals in Greater Los Angeles Area – Depending on the Cause, Victims May Have Claims
Recent News and Updates
Updated as of January 9, 2025
Multiple fires are burning throughout the Los Angeles area as weather conditions create an environment that is spreading the flames and challenging firefighter efforts. The Eaton Fire began on Tuesday night in the Pasadena and Altadena area. The fire rapidly spread and currently covers 10,600 acres. Despite efforts to combat the blaze, the fire remains 0% contained. Reports confirm that five people have died because of the fire, which has destroyed 200-500 structures so far.
Evacuation orders include Glendale, La Canada, and Monrovia. Entire areas, including senior living facilities, faced urgent evacuation conditions as embers fell around evacuees as they attempted to reach safety. More than 100,000 people have been evacuated so far, with an additional 100,000 people potentially needing to evacuate.
Wind gusts complicated firefighting efforts, making it difficult for planes to fly over the area. More favorable conditions are expected in the next few days, which will hopefully help efforts to contain the blaze.
There are 750 firefighters working to battle the fire, and President Biden announced that the US Navy will be tasked with helping the efforts. Governor Gavin Newsom deployed 1,400 members of California’s National Guard to provide additional firefighting aid.
Displaced residents can use the Pasadena Convention Center and Arcadia Community Center as shelters.The fire is one of several now burning through California, including the Palisades Fire (Pacific Palisades).
It’s not clear what caused the Eaton Fire, but investigations are underway. When the official cause is reported, it is possible that victims may be able to pursue compensation for related losses.
McNicholas & McNicholas, LLP is Supporting California Fire Victims
McNicholas & McNicholas, LLP has secured more than $2 billion in compensation for victims of wildfires. We’ve had success in the past with claims related to the Camp Fire, Woolsey Fire, and many others. Our firm is currently handling litigation related to several recent fires, including:
- Coastal Fire (Laguna Beach Fire)
- Blue Ridge Wildfire
- Bobcat Wildfire
- Silverado Wildfire
- Airport/Trabuco Canyon Fire
- Dixie Fire
- Getty Fire
- Franklin Fire in Malibu
The emerging fires might similarly lead to opportunities for claims, depending on the causes.
Taking the Right Steps After a Fire
Our team understands how important it is for victims of wildfires to recover compensation for their injuries and property damage. Even before it’s clear whether the fire presents the opportunity to file a claim, you can start taking steps to protect your future. Here are a few considerations:
Ensure safety
If you are facing evacuation orders, follow them. Always prioritize personal safety for yourself and your family. Start the following steps only once you’ve made it to a safe location.
Engage your insurance provider
Let your insurer know that you were impacted by the fire. Find a copy of your policy and start reviewing it to determine what it covers. You might have a policy that provides coverage only for the actual dwelling, or it might offer additional protection for auxiliary structures, personal property, and alternative living expenses, like the cost of staying somewhere else while you are unable to access your home.
Document your losses
If and when you can, document your losses, including damaged property. Take photographs to show the destruction, and save any receipts related to your expenses, such as the cost of staying in a hotel or eating out.
Preserve evidence
Keep records that can help you prove your case, including evacuation orders, utility company communications, cleanup costs, and other relevant documents.
Consult an attorney
Speaking to an experienced wildfire litigation lawyer can help you understand your legal options.
Determining whether you are eligible for compensation
Factors determining eligibility for compensation include:
- The cause and origin of the fire. If the fire was caused by an entity like a utility company, you might be able to recover damages. Your attorney can help identify parties that might be liable for your damages.
- Documentation of your losses, as you must have property damage, personal injuries, or other economic losses to recover compensation.
If you were a victim of the Eaton Fire or any California wildfire, you should pay attention to updates that might indicate whether investigations indicate the cause of these fires opens the door for claims.
Understanding the Categories of Potential Claimants
Several categories of individuals could have the ability to file a claim related to fire damage, including:
Homeowners
Homeowner claims might look different depending on whether you want to rebuild the property or sell. Some of the costs that might be recoverable for a homeowner intending to rehabilitate their property include rebuilding costs, property damage, smoke and ash-related losses, Alternative Living Expenses (ALE) and Loss of Use (LOU), and emotional distress. For those who plan to sell the property, the damages might include the difference in the value of the property before and after the fire, ALE and LOU for the period you must leave the residence (before you sell it) and emotional distress. You might also be able to recover for losses related to personal property from the residence that was destroyed.
Renters
Renters may have claims, including for Fair Market Value (FMV) of lost personal property, living expenses during evacuation, and emotional distress damages.
Business owners
Business owner claims may look different depending on circumstances, such as whether you owned the property. The expenses you might be able to collect include costs for property restoration, diminished value and lost profits. If you file a successful claim, it might include offsets for insurance payouts, so be sure you understand the terms of any recovery.
Visitors
Even visitors may experience losses related to a fire. If you were impacted while visiting an area that fell into the evacuation orders, you may have a claim for personal property losses and evacuation-related expenses.
Identifying Liable Parties After a California Wildfire
Wildfires sometimes result from natural causes, like a lightning strike. However, human behaviors, including campfires, fireworks, utility company equipment, and poorly maintained cars, are far more likely to be responsible. The two main ways someone might be liable include:
Utility companies and inverse condemnation
The law allows for liability under inverse condemnation for utility company equipment-related fires, including sparks caused by transformers and power lines. It’s important to note that there is no need to prove negligence when filing a claim under the legal theory of inverse condemnation.
Negligence and fires
Individuals or organizations may also behave negligently, which could lead to a fire. In some cases, it might be possible to file both claims. This can be worthwhile, too, because you might be eligible to recover additional types of damages with a negligence claim that aren’t available in an inverse condemnation claim.
You should contact an attorney to understand how these theories of liability might apply in your case.
Types of Compensation Available in a Successful California Wildfire Claim
If you were injured or sustained losses in a California wildfire, you need to learn your rights and determine whether you can recover damages. Some of the damages you might be able to collect include compensation for your:
- Personal injuries, which may cover medical costs, lost wages and other related expenses
- Property restoration or diminished value costs for your lost real and personal property
- Alternative living expenses or loss of use if you could not use your property
- Lost income or business profits
- Emotional distress damages
- Attorney fees and statutory interest in some cases (e.g., inverse condemnation claims)
Get the Advice and Help that You Need
The litigation process can be technical and complicated, but with the help of an experienced wildfire attorney, you will have a better opportunity to recover damages. Remember that there are time constraints on filing a claim, so don’t wait to find legal representation.
Call McNicholas & McNicholas, LLP today or fill out our contact form for a free consultation to learn more about your rights and potential ability to file a claim.