Fire survivors are facing a significant dilemma amidst the chaos of recovery: should they join a lawsuit in the wake of the devastating fires?
With two years to file lawsuits for emotional distress and physical injuries and three years for property damage, survivors are left to weigh their options carefully.
### Key Legal Cases
In the wake of the Eaton Fire, a master complaint has been designated due to the large number of affected households and businesses. This consolidated case will be overseen by a single judge, Laura A. Seigle, at the Spring Street courthouse in downtown Los Angeles. The appointed liaison counsel for individual plaintiffs includes Amanda Riddle from Corey, Luzaich, de Ghetaldi & Riddle, Rahul Ravipudi from Panish, Shea, Ravipudi, and Gerald Singleton from Singleton Schreiber.
In the case of the Palisades Fire, the lead lawsuit has been filed against the city of Los Angeles’ Department of Water and Power by Westlake Village-based Robertson and Associates. The firm’s founder, Alexander “Trey” Robertson IV, has been appointed as co-liaison along with attorneys from Foley, Bezek, Behle & Curtis; Boyle Law PC; and McNulty Law Firm.
### Assessing Personal Impact
Survivors need to reflect on how they were affected by the fires.
The loss of life, homes, emotional trauma, smoke damage, and displacement all qualify individuals to participate in lawsuits.
While pursuing legal action can help bridge the gaps left by insurance, potential plaintiffs should maintain realistic expectations regarding the outcomes. Survivors can anticipate that it could take at least two years before they see any monetary compensation, and even then, it may not fully cover their losses.
Scott Tallal, a Woolsey Fire survivor, noted, “We ended up getting 20 cents on the dollar of what we needed,” after suing Southern California Edison, which he blamed for sparking the fire.
Comparatively, plaintiffs from the fires sparked by Pacific Gas and Electric in Northern California in 2017 and 2018 received about 70 cents on the dollar.
### Selecting the Right Attorney
Choosing a lawyer is a crucial step for potential plaintiffs. Most fire litigation falls under “mass tort” rather than “class action,” resulting in numerous individual cases. Each plaintiff must hire an attorney and file their own lawsuit, which can complicate the selection process, especially with a barrage of advertisements.
Riddle suggests treating the attorney search like a job interview. Here are critical factors to consider in your attorney search:
First, confirm that the attorney is licensed with the California State Bar.
Next, evaluate their experience specifically in California, particularly with wildfire cases.
For the Eaton Fire, ascertain whether the attorney or firm has worked on cases involving utility-sparked wildfires.
Consider the firm’s resources and history.
How long has this firm been operating? Are they experienced in handling large cases?
Check whether the attorney has held a leadership role in previous lawsuits, a sign of their involvement and trust within the legal community.
Communication is also essential. Determine how the attorney will communicate updates and if they can accommodate any language requirements you may have.
Riddle emphasized that comfort in working with an attorney is essential, stating, “You want to find the one where you feel comfortable, you feel like you can work with them in a way that works for you.”
The lead firms can guide survivors towards other reputable attorneys as well.
### Understanding Costs
Most legal firms operate on a contingency fee basis, which means that they only get paid when there is a settlement. Typical attorney fees range from 20% to 25% of the settlement amount, in addition to costs related to the specific case.
Riddle mentions various expenses such as hiring experts to assess the damage, court fees, and other related costs, which generally add approximately 2% to the settlement.
Potential plaintiffs should also understand the risks, including the possibility of the defending party going bankrupt, a situation seen with Pacific Gas and Electric after their involvement in major fires.
While concerning, Riddle expressed confidence that such risks are unlikely in the Eaton Fire cases.
### Timeline for Filing
Survivors must note that they have a two-year window to sue for emotional distress and physical injuries, with a deadline of January 7, 2027.
For property damage, the deadline extends to three years, concluding on January 7, 2028.
Although individual cases may resolve quickly, mediation for these cases is not expected to commence until at least mid-next year.
Riddle indicated that while individual trials may not take long, the volume of households involved means that not all cases will progress simultaneously.
As time passes, the urgency of filing increases.
“Memories fade and documents get lost,” Riddle warned, emphasizing the need to work with a lawyer sooner rather than later to maximize case value.
In summary, fire survivors navigating their legal options face many considerations in the aftermath of destruction.
These lawsuits can provide some financial reprieve, but potential plaintiffs must react promptly and thoughtfully if they wish to pursue such avenues.
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