Information for Victims of the Mountain Fire: Camarillo, California

Depending on the cause and origin (currently under investigation), you may have claims as a result of the the Mountain Fire: Camarillo, California Victims’ Information

Recent News and Updates

Updated as of November 21, 2024

According to reports, the Mountain Fire started the morning of Wednesday, November 6, close to Balcom Canyon Road and Bradley Road. The fire spread rapidly as a result of Santa Ana winds, which caused embers to travel over the 118 freeway. As of Wednesday, 19,900 acres were burned, but containment is approaching 100%. Cleanup efforts aimed at clearing the scene of hazardous waste and debris start this week.

Reports state that the flames impacted some homes in Camarillo Heights, making them part of more than 243 structures destroyed. Another 123 were damaged. Additionally, Ventura County suffered a loss of over $7 million in crops and agricultural damage, along with total economic losses estimated at around $100 million. Evacuations affected Moorpark, Camarillo, Camarillo Heights, and Santa Paula, with people fleeing from 2,912 homes, although, thankfully, those evacuation orders were lifted. Cal Fire reported that six people suffered injuries, and Ventura County reported ten, some as a result of smoke inhalation. There is some indication that Ventura County residents may not be eligible for individual assistance funding from FEMA. However, the fire-related damage may meet the threshold for low-interest Federal Small Business Administration loans. Governor Gavin Newsom issued an executive order on November 15 to support continued response efforts.

At this point, it is still not clear what started the fire, but it is possible that those who experienced losses may have opportunities to recover compensation. We will know more about potential avenues for compensation once the cause and origin are reported.

More than 2 Billion Dollars in Recovery for California Fire Victims

At McNicholas & McNicholas, LLP, our team fights to recover compensation for California fire victims. Our track record includes the recovery of over $2 billion in settlements, including working on the legal team that recovered a $13.5 billion settlement with PG&E in 2019 for wildfire-related damages. We’ve represented those impacted by the Camp Fire, Wine Country Fires, Woolsey Fire, Creek Fires, Airport Fire, and others.

Currently, we have litigation ongoing in cases related to these fires:

If you’ve suffered property damage or other harm because of the Mountain Fire or the fires above, reach out to learn how we can help.  Again, with respect to the Mountain Fire, cause and origin are still being investigated, and it is this that will determine if you have a claim.  But it's not to soon to be prepared.

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Steps to Take After the Mountain Fire

For those subject to the evacuation orders for the Mountain Fire, the first step must be getting somewhere safe. Please follow the instructions and evacuate the area. Once you’ve reached safety and secured loding for you and your family, you can begin the process of recovering for your losses by following these steps:

1). Contact your insurer

If you have insurance, reach out to the carrier to start the claims process. Get a copy of your policy, and review it to see what your insurance covers. Some policies may include:

  • Coverage A: Main dwelling, which means the walls, roof, foundation, plumbing and electric systems, HVAC systems, built-in appliances and other aspects of the actual home.
  • Coverage B: Auxiliary structures, which include buildings like detached garages, sheds, gazebos, and fences.
  • Coverage C: Personal property, which includes your furniture, jewelry, appliances and other items.
  • Coverage D: Additional Living Expenses, which cover costs like hotel stays, pet boarding, and dining out that result from being unable to remain in your home.

2). Document personal property you lost

Create an inventory of any personal property you lost because of the fire. Look up possible replacement costs, which will allow you to provide more information to the insurance company.

3). Collect evidence

When possible, photograph any evidence of the damage. Also, keep any evacuation or shelter details that will help you prove that you were impacted by the fire.

4). Keep all of your receipts from evacuation expenses

If your policy covers Additional Living Expenses, your receipts can help you prove your losses.

5). Journal about your experience

Keeping a detailed journal can help keep your memory fresh and add more information when you file your insurance claim.

Am I Eligible for Compensation Due to the Mountain Fire?

If you live in the evacuation area and are forced to leave your home, you could have a claim based on the cause and origin. Anyone who suffers personal injuries, property losses, or disruptions to their life resulting from the fire should speak to an attorney to learn whether they may be able to seek compensation. When it comes to your property, you might be able to collect if your home burnt down, either partially or totally. Even in cases where you did not lose your home, you might have a claim if your property suffered smoke or ash-related damage or you had to evacuate.

Whether you are a renter, a homeowner, a business owner, or a visitor, you might be able to recover for your losses. Here are some of the claim categories:

1. Homeowners who want to rebuild after their homes are destroyed

  • Restoration costs, which go toward rebuilding the structures and landscaping
  • Fair Market Value (FMV) for contents of the home, which compensates you for the property you lost (note that the valuation is of the property at the time it was lost, not when it was new).
  • Alternative Living Expenses (ALE) or Loss of Use (LOU) coverage, which goes toward expenses related to relocating during evacuation or while the home is uninhabitable.
  • Personal injury damages for harm caused by the fire to your person.
  • Loss of income in cases where your loss of property or physical injuries prohibited you from earning income.
  • Evacuation or emotional distress, which offers compensation for the psychological stress of being in danger.

2. Homeowners who lost their property but don’t plan to rebuild

  • Diminution in value: Compensation under this covers the gap between the property value prior to the fire and the value following the fire.
  • FMV of home contents: Coverage for lost property as valued at the time of the loss, not the replacement value.
  • ALE or LOU: Coverage of expenses until the lease is up or the property sells.
  • Damages for personal injury, lost income, and emotional distress.

3. Damages for smoke, ash, or evacuation costs

  • Restoration expenses: Ash and smoke can result in damage that requires repair, replacement, or professional cleaning.
  • FMV of home contents: This covers items’ value at the time the fire destroyed them.
  • ALE or LOU: Which offers coverage until the property is fit for habitation or you find alternative living arrangements.
  • Damages for personal injury, lost income, and emotional distress.

4. Renters whose property was destroyed

  • FMV of home contents: This coverage compensates for the loss of property kept at the rental site. The value is based on the time of the destruction, not the cost to replace.
  • Increased living expenses: This covers costs during relocation.
  • Damages for personal injury, lost income, and emotional distress.

5. Renters with smoke, ash, or evacuation damages

  • FMV of home contents: You can recover compensation for the property that suffered damage from smoke or ash based on its value at the time it was damaged.
  • Increased living expenses: These cover costs until you can return.
  • ALE or LOU: These cover costs related to your temporary relocation.
  • Damages for personal injury, lost income, and emotional distress.

6. Visitors impacted by the Mountain Fire

  • FMV of lost belongings: This offers coverage for items you lost due to fire exposure.
  • Evacuation damages: This includes compensation for emotional distress and proximity to danger caused by the fire.

7. Business owners with fire-related damages

  • Costs for property restoration or diminution in value: The specific recovery for this will depend on ownership status and intent to restore.
  • FMV of contents: This coverage compensates for business property damaged or lost in the fire.
  • Loss of use: This offers compensation when the fire disrupts business operations.
  • Lost profits: This allows businesses to recover for economic losses related to the fire.

Note that insurance offsets may apply when you recover compensation.

Identifying Liable Parties for Your Claim

To file a claim for compensation, you must have a responsible party to hold accountable -- this cause and origin. When it comes to fires, there are two main theories of liability for successful recovery:

  • Inverse condemnation: Utility companies may cause fires because of misuse or malfunctioning of their equipment. Some examples include downed power lines or sparking transformers. If the cause or origin of the fire was this equipment, you may have a claim for recovering property damages, attorney fees, and statutory prejudgment interest. Importantly, this theory does not require you to show that the company was negligent, only that the equipment caused the fire.
  • Negligence: Under the theory of negligence, you must prove that the defendant engaged in misconduct or did something careless that led to the fire. Negligence claims can be filed alongside inverse condemnation and may provide broader recoverable damages, including income loss, ALE, LOU, and emotional distress. However, they are more challenging to prove. The defendant might try to shift blame for the destruction on the property owners by claiming they failed to use materials that deter fire, or to remove items from their property that increased risks.

Economic Damages Available in Fire Claims

Damages in fire claims include compensation for financial losses. Some of the possible compensation that could be available includes:

  • Personal injury damages: If the defendant’s conduct was negligent, you may have the ability to recover these. Personal injury damages offer compensation for medical expenses and pain and suffering.
  • Lost income: When business owners or employees suffer lost income and property damage, they may be able to recover damages for these losses.
  • Emotional distress: Those who are close to fire zones, had to evacuate, and lost property, might be able to recover for their emotional distress.
  • Statutory damages: You might be able to collect attorney’s fees, costs, and interest as compensation from the time of loss to settlement under inverse condemnation.

McNicholas & McNicholas Is Here to Help Victims of the Mountain Fire

If you and your family were affected by the Mountain Fire, you may be able to recover damages. Our attorneys have experience handling large-scale wildfire litigation, and are ready to represent you. Call McNicholas & McNicholas at 213-539-2253 or fill out our contact form today to arrange a free consultation.