Who are you suing and why?
We are suing Southern California Edison (SCE), the utility company that provides electricity to homes, ranches, and businesses in the Eaton Fire burn area. Our preliminary research shows that equipment owned by SCE likely ignited the Eaton Fire.
I will or have already filed a claim with my insurance company and expect to receive or have received payment from that claim, do I still qualify to participate in the lawsuit against SCE?
Yes, whether you have insurance and have been paid on that claim or you don’t have insurance, you can still qualify to participate in this litigation. You should understand, however, that any proceeds you receive in this litigation will be offset by the amount you have received from your insurance company. This is because, under the law, you cannot recover twice for the same set of damages.
How do I know if I qualify to participate in the lawsuit against Southern California Edison?
To qualify, at least one of the following must be true:
- You must own one partially damaged property.
- You must own one totally destroyed property
-You were a renter or an occupant of a property that was partially or totally destroyed
-You are a child of a property owner, renter or occupant of a property that was partially or totally destroyed
- You own property that suffered uninsured smoke damage of least $50,000
- You suffered uninsured arbor loss (tree damage or landscaping or fencing) of at least $50,000
- You have lost personal income of over $25,000
- A business you own, including agriculture, suffered fire or smoke damage, and the business lost income
- You suffered a physical injury resulting in hospitalization caused by the fire
- A loved one was killed in the fire or died as a result of injuries caused by the fire
- You must own one partially damaged property.
- You must own one totally destroyed property
-You were a renter or an occupant of a property that was partially or totally destroyed
-You are a child of a property owner, renter or occupant of a property that was partially or totally destroyed
- You own property that suffered uninsured smoke damage of least $50,000
- You suffered uninsured arbor loss (tree damage or landscaping or fencing) of at least $50,000
- You have lost personal income of over $25,000
- A business you own, including agriculture, suffered fire or smoke damage, and the business lost income
- You suffered a physical injury resulting in hospitalization caused by the fire
- A loved one was killed in the fire or died as a result of injuries caused by the fire
What type of physical and emotional injuries can I recover from?
You can recover for any physical injury that you suffered in the fire or fleeing the fire, as long as you have medical records that reflect your injury and the fact that you suffered that injury in or fleeing from the fire. You may also be able to recover harm to your emotional well-being as long as you suffered a physical injury.
If I was renting a home and it burned down in the Eaton fire, can I participate in this lawsuit against Southern California Edison?
Yes. A renter or an occupant whose place of residence was destroyed by the fire can participate in the litigation. If the residence you rented or occupied was damaged, then you may be able to participate in the litigation if a significant portion of your personal property was destroyed.
Can I be compensated for animals or pets that perished in the fire?
Under California law, recovery for the loss of a pet is challenging. However, if you had animals that were part of a business you owned or you derived some personal income from animals that perished in the fire, you may be entitled to compensation for the loss of those animals.
If I qualify, how much do you think my case is worth?
Each case is unique and based on the individual’s or family’s circumstances. Were you a homeowner or a renter? Did you have insurance? Were you home at the time of the fire and required to evacuate through the flames? Did you have a home-based business with inventory? All of these things can impact the value of your case. Thus, until we learn more about your circumstances, we cannot estimate how much you might recover in this litigation.
How do you, the lawyers, get paid?
The lawyers you hire to advocate on your behalf against SCE work under what is called a “Contingency Fee arrangement.” Under the terms of this agreement, which is required by the State Bar of California to be in writing, you will pay us, your lawyers, only if you receive a payment for your injuries and damages. If your case does not settle or you do not receive a jury award, then you will owe us nothing, including any expenses that we advanced on your behalf. This arrangement will be covered in a written agreement between you and us called a CONTRACT OF EMPLOYMENT AND CONSENT TO FEE SHARING. You can click here to be taken to this contract. Again, if the client receives no award, the attorneys are not entitled to receive any payment from the client, including reimbursement of costs incurred.
Why should I hire the law firms associated with Eaton Fire Justice to represent me?
Our associated team of attorneys and staff are currently or have successfully represented about 20,000 wildfire survivors and victims across California, Oregon, New Mexico, Texas, and Hawaii (Maui) about 17,000 of which are clients who have been impacted by wildfires across Northern and Southern California including the Bobcat Fire and Woolsey Fire. Those clients faced the same tragic circumstances you are now facing. Your property was damaged or destroyed when a utility’s equipment failed, igniting an uncontrollable wildfire. We worked as part of a team that reached a global $13.5 billion settlement with the Pacific, Gas, & Electric to get compensation for thousands of our clients. Those folks are now receiving their compensation and engaging in the daunting process of rebuilding their homes, businesses, communities, and their lives. Because we have been through this before in multiple communities, we believe we bring the experience needed to help the devastated communities recover.
Are there any deadlines related to the litigation that I should be aware of for the Eaton Wildfire?
In California, you have certain time periods to file a lawsuit, which are called Statutes of Limitation. For property damage, you have three years from the date of the damage and for personal injury you have two years from the date of the injury to file a lawsuit.
What is a mass tort? What is a mass tort lawsuit?
A mass tort is a form of injury or harm caused by an act or omission that harms or injures many people. Mass tort actions, also known as mass tort lawsuits, are collections of individual lawsuits that allege the same harm against the same defendants and can be grouped together by a judicial panel to reduce redundancies in the judicial system.
How does a mass tort differ from a class action?
In a class action, while there are many people injured by one bad event or act, all of the cases are lumped together, and there is one lawyer/plaintiff to act as lead lawyer/plaintiff. This lawyer wields a significant amount of power, and the lead plaintiff may receive significantly more compensation than the rest of the “class” of plaintiffs. In you are a member of a Class, you do not have a choice of who your lawyer will be and you will likely never meet your lawyer.
In a Mass Tort, each individual Plaintiff maintains more control over their own lawsuit. In this regard, in a mass tort lawsuit, individuals or families retain their right to select their own attorney. Mass tort litigation may allow for individualized review and valuation of a plaintiff’s damages, which ultimately compensates that plaintiff for his/her damages.
In a Mass Tort, each individual Plaintiff maintains more control over their own lawsuit. In this regard, in a mass tort lawsuit, individuals or families retain their right to select their own attorney. Mass tort litigation may allow for individualized review and valuation of a plaintiff’s damages, which ultimately compensates that plaintiff for his/her damages.
How long will this case take to resolve?
Unfortunately, litigation for these types of damages can take years to resolve. Typically, a case of this complexity can take between 3 and 5 years, or longer, to be fully resolved. As you decide if you want to be involved, please understand that our team will be available to support you until your case is resolved—one way or the other.