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Wildfire Soot and Ash Property Damage Law Experts

California is known for its wildfires. In September 2024, there were multiple wildfires scorching, affecting many communities throughout different counties. These fires included the Line Fire in San Bernardino County, the Roblar Fire in San Diego County, the Bridge Fire and the Apollo Fire both in Los Angeles County, and the Airport Fire in Orange County. These fires have resulted in countless people being displaced due to evacuations and others worried about having to suddenly evacuate. Even those not in evacuation areas have been affected by the smoke, soot, ash, and, of course, poor air quality.

Just a few months later, in January 2025, there are multiple wildfires burning through Los Angeles County. In under 48 hours, these fires have scorched through almost 30,000 acres in the county. With severe wind conditions expected to continue, this number is likely to continue to climb over the next few days.

If soot and ash resulted in property damage to your home, your vehicle, or any other personal property, you could have grounds to file a lawsuit. You could also be entitled to receive compensation. For more information about the legal options available to you, please do not hesitate to reach out to the wildfire soot and ash claim lawyers here at our law firm as soon as possible.

BASIS OF A CLAIM

To understand damages from ash and soot, you must be aware of the concept of liability. You will only be able to claim compensation if you can prove that the responsible party failed in their duties and caused damage to your property. Liability can be established through the following four points:
  • There was a duty to prevent harm from ash and soot.
  • This duty was breached.
  • The breach caused the spread of ash and soot.
  • The spread resulted in damage to your property.
The most crucial aspect is the damage caused – if your property was not affected by the ash and soot, you cannot file a claim. Even minor damage provides grounds to seek compensation as long as it is present.

TYPES OF COMPENSATION

Reparations for soot and ash damage may be won through a civil claim. You may be able to recover the costs of cleaning and restoring your property, replacement of damaged items, and compensation for any health-related expenses caused by exposure to ash and soot. Additionally, if your business was affected, you could claim for lost income. If the damages were severe, leading to a significant disruption in your life or livelihood, you might also be eligible for compensation for emotional distress. Further, if the ash and soot caused a severe impact on a loved one, leading to health complications or even death, you could file a claim for wrongful death damages. This would allow you to seek compensation for funeral expenses, pre-death medical bills, and loss of companionship or financial support.

VALUING A CASE

The value of a claim for damages from ash and soot is primarily determined by the extent of the damage caused. If the ash and soot caused significant harm to your property or health, and if they had a substantial impact on your daily life or business operations, you could be entitled to a substantial compensation amount.

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About September 2024 Wildfires in SoCal

  • The Line Fire started on 09/05/24 in San Bernardino County. Just five days later, the fire has burned over 27,000 acres and is only 5% contained. This is currently the largest wildfire.
  • The Roblar Fire started on 09/07/24 in San Diego County. Three days after it started, it has burned 1,000 acres and is 45% contained.
  • The Bridge Fire started on 09/08/24 in Los Angeles County. As of two days, it has burned over 4,000 acres and is 0% contained.
  • The Airport Fire started on 09/09/24 in Orange County. In just one day, the fire has burned over 9,000 acres and is 0% contained.
  • The Apollo Fire started on 09/10/24. In less than a day, it has burned 300 acres and is 0% contained.

Of course, these fires are threatened lives and property in the communities directly affected by the flames. However, surrounding communities that were not immediately threatened by the flames were affected by the smoke, soot, and ash coming from these wildfires.

Property Damage Resulting from Ash and Soot

Ash, smoke, and soot from wildfires can travel hundreds or even thousands of miles, based on the altitude the smoke reaches, weather patterns during the fire, and, of course, the size/intensity of the fire. Exposure to smoke, ash, and soot can cause health issues like eye irritation, nose irritation, throat irritation, coughing, wheezing, difficulty breathing, and other respiratory issues, especially in those with asthma, allergies, and other respiratory conditions, for instance; toxins in soot and ash could also potentially expose people to carcinogens. Although it is important to understand the physical injuries that could result from exposure to smoke in surrounding communities, it is also important not to overlook the damage that could occur due to soot and ash from wildfires.

Soot and ash can result in the following damage:

  • Discoloration on walls, floors, ceilings, and other surfaces
  • Corrosion of metal surfaces (including electrical components)
  • Damage to clothing, furniture, curtains, and other personal property
  • Lasting odors in homes and vehicles that are difficult to remove and may require professional cleaning
  • Damage to trees, plants, shrubs, and soil
  • Damage to pipes and plumbing systems
  • Damage to HVAC systems after clogging filters and other pumps
  • Damage to water filters and water pumps in pools and hot tubs
  • Damage to vehicle exterior (specifically the paint)

Can I File a Claim?

Yes – you could have the right to file a claim for damage resulting from soot and ash from wildfires. You could pursue a claim with your homeowner’s insurance company – as long as you have coverage. In general, homeowner’s insurance coverage includes dwelling coverage, coverage for detached structures, coverage for lost personal property, and coverage for relocation costs during repairs, for instance. If your personal property or other areas of your home were damaged by ash and soot, your insurance should cover it. Unfortunately, insurance companies intentionally make their terms unclear and even wrongfully deny claims.

If your insurance company is not answering calls, not responding to your emails, not investigating your claim well, giving you false information, giving you no information, or unfairly denying your claim, you could actually have grounds to file an insurance bad faith claim.

What if the fire was caused by a negligent party or entity? Although wildfires are usually caused by a combination of hot temperatures and dry brush conditions, wildfires can sometimes be sparked by faulty equipment from utility companies. In these cases, affected parties could have grounds to file lawsuits against these companies.

For more information about your right to file a lawsuit, please do not hesitate to reach out to the soot and ash property damage lawyers here at our law firm as soon as possible. Our team is ready to guide you every step of the way.

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