We Are Accepting Clients Who Are Victims of the Eaton Fire, Which Threatens Locals in Greater Los Angeles Area
Lawsuit Filed Against Southern California Edison Over Eaton Fire Devastation
Recent News and Updates
Updated as of January 17, 2025
As reported by multiple news outlets, trial law firms McNicholas & McNicholas, LLP, Becker Law Group, and Singleton Schreiber have filed a lawsuit against Southern California Edison Company (Edison) on behalf of victims of the devastating Eaton Fire, which erupted on January 7 in the Altadena region, prompting widespread evacuations. It has scorched 14,117 acres and damaged or destroyed 7,081 structures. Another 28,000+ structures remain under threat. The Eaton Fire is now regarded as one of the most lethal fires in California's history, with 17 fatalities reported thus far. Another 24 people are missing.
Currently, the Eaton Fire is 65% contained. Five schools in the Pasadena Unified School District are among the buildings destroyed. Sewers, transportation, and power systems in Los Angeles County sustained damage. Estimates state that the total damage could cost $250 billion.
Evacuation orders include Glendale, La Canada, and Monrovia. Although the authorities lifted evacuation orders for residents in Glenoaks Canyon and Chevy Chase Canyon, they added new orders for those near Mount Wilson. Entire areas, including senior living facilities, faced urgent evacuation conditions as embers fell around evacuees as they attempted to reach safety. Officials stated that tens of thousands of people in Los Angeles County remain under evacuation orders. The Environmental Protection Agency is starting to remove hazardous materials from homes. Over 100,000 people have regained electricity, but Southern California Edison says that making repairs is still challenging.
Wind gusts complicated initial firefighting efforts, making it difficult for planes to fly over the area. The National Weather Service stated that the winds have weakened but that dangerous conditions may return early next week.
There are 1,603 firefighters working to battle the fire, and President Biden stated that the US Navy will be tasked with helping the efforts. Over 2,500 National Guardsmen are now assisting in the response as well. Five injuries were reported among firefighters.
The President has since announced an increase in federal funding to fully cover recovery costs. The insurance commissioner vowed “last resort” coverage. On Thursday, the Pasadena Public Health Department declared a local public health emergency because of the fire.
Displaced residents can use the Pasadena Convention Center and Arcadia Community Center as shelters. Governor Newsom signed one executive order aimed at helping displaced LA students and schools impacted by the wildfires and another to fast-track temporary housing for victims of the wildfires. Santa Monica-Malibu USD schools will remain closed until next week. Around 40,000 people who were impacted by the fire have applied for FEMA assistance. FEMA opened a hotel sheltering program to support those displaced by the fires. The City Disaster Recovery Center in Los Angeles is now open and can provide help and information to those impacted.
Reports point to Southern California Edison being at fault for the Eaton Fire, although the investigation is still ongoing. It’s possible that victims may be able to pursue compensation for related losses.
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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.