Mountain Fire in Ventura County – Can I File a Lawsuit?

This is a very important question; however, it is a difficult question to answer. Ultimately, liability is based on the cause of the fire. Since the cause of the fire is still under investigation, liability is unclear. Although liability cannot be established until investigations are complete, some of the parties/entities that could be liable could potentially include the following:

• Utility companies (fires sparked by defective or faulty equipment)

• Public companies (e.g., sanitation department vehicles can ignite and employees are instructed to release the load that is on fire, leading to fire spreading)

• Private companies (fires sparked by their equipment or by the actions of their employees)

These are just a few examples of who can possible be liable for damages resulting from a wildfire.

Residents of the affected areas, which include Moorpark, Santa Paula, Camarillo, and Camarillo Heights, that have been affected by the fire could have grounds to file a lawsuit. These fires can lead to extensive burn damage to homes and other personal property (like cars, trucks, sheds, and personal belongings). Unfortunately, many residents in the direct path of the fire have lost everything as their homes have been burned to the ground. Even residents who were lucky enough not to lose their homes may be dealing with ash and soot damage.

In general, burn damage and ash/soot damage are covered by insurance policies (given that the homeowner has fire insurance). Affected residents could have valid claims against their insurance companies. However, these insurance companies do not normally make things easy. These insurance companies may actually intentionally deny claims, draw out the process, or make very low offers; this happens when the insurance company is acting in bad faith because they do not want to pay out claims (insurance companies lose money every time they payout claims). In these cases, affected individuals could have the right to sue their insurance companies for insurance bad faith, which is essentially a breach of contract.

Can I sue any other party or entity? Yes, you may be eligible to sue another party or entity, although this will be based on the cause of the fire. In the past, some fires sparked because of the negligence of utility companies with faulty equipment, for example. In fact, utility companies have been successfully sued by affected victims.

For more information about your right to file a lawsuit for property damage due to the Mountain Fire, please do not hesitate to reach out to our legal team as soon as possible. Our lawyers are ready to guide you every step of the way and help you pursue your claim.

Consider some of the following recommendations:

• Photograph all damage before clean up or repair attempts are made
• Gather any home surveillance footage showing the fire
• Speak to witnesses and gather their contact information
• Contact the insurance company and give them the facts
• If there is insurance bad faith

• • Gather records of all communication between you and the insurance (always keep communication written to ensure that you can keep records)

  • Gather all evidence surrounding your property damage (photos, videos, and more)
  • Gather all insurance documents available
• Find a lawyer to help you with your wildfire lawsuit

How to Pursue a Claim – the most important thing to do is to reach out to an experienced fire damage lawyer. These claims can be very complex. With appropriate representation, however, you case could be successful, and you could be fairly compensated. For more information about filing your claim, contact us today. Our team is ready to guide you every step of the way.

All claims are subject to a statute of limitations, which determines a deadline to sue or the total length of time that individuals have to file their claims. If claimants fail to file on time, they can unfortunately lose their right to file their claim altogether. So, how long do you have to sue? In California, claims for property damage are subject to a three-year deadline. Claims for insurance bad faith are subject to a four-year deadline. To ensure that you have a thorough understanding of the total length of time that you have to file your claim, contact us today.

Hundreds of people have already lost their homes as a result of the Mountain Fire, but that number is likely to increase. If you are interested in exploring the legal options available to you, please do not hesitate to reach out to the experts here at the Downtown L.A. Law Group. Our team has decades of experience and is ready to provide you with the guidance that you need to fight for your rights and get justice.

Free Case Reviews: our team is committed to remaining accessible. We offer free case reviews, which include free consultations and free second opinions. This means that that you will not be required to pay any upfront legal fees to speak with our attorneys. Our experts will be available to answer all your questions and address all your concerns. To schedule a free case evaluation, contact us today.

Zero-Fee Guarantee: you will never be required to pay upfront legal costs for any of our legal services. In addition, our team works on contingency, so you will not be required to pay anything at all if your lawsuit is not successful. If you do not win, you will not have to worry about paying anything at all.

Contact us today for help with your Mountain Fire lawsuit!