If you or your family were affected by a California wildfire, the decisions you make in the days and weeks following the fire can significantly impact your ability to recover full compensation. This resource guide is designed to help wildfire victims understand their rights, protect their legal interests, and navigate the claims process. For personalized guidance, call 833-200-7111 — free consultation, no fee unless we win.
Step 1: Document Everything Immediately
Before any cleanup or demolition begins, document all damage as thoroughly as possible. This evidence is critical for both insurance claims and any potential legal action.
- Photograph and video every room, structure, and piece of damaged property
- Document the exterior of the property and surrounding land
- Make a written inventory of lost or damaged belongings, including approximate values
- Save receipts for all evacuation expenses — hotels, meals, transportation, clothing
- Keep copies of all communication with your insurance company
- Do not throw anything away until it has been documented and your attorney has been consulted
Step 2: File Your Insurance Claim Promptly
Notify your homeowner’s or renter’s insurance company as soon as possible. Most policies have deadlines for reporting losses. When dealing with your insurer:
- Request a full copy of your policy immediately
- Ask about Additional Living Expenses (ALE) coverage — this covers temporary housing and meals while you are displaced
- Get every communication in writing
- Do not accept a settlement or sign any releases without consulting an attorney first
- If your insurer denies or undervalues your claim, contact us — insurance bad faith is a separate legal claim
Step 3: Understand the Difference Between Insurance and Legal Claims
Many wildfire victims do not realize they may have two separate paths to compensation:
- Insurance claim — covers losses up to your policy limits. Your insurer pays, then may pursue the responsible party themselves (subrogation) — but only to recover what they paid, not your full losses.
- Utility negligence lawsuit — if the fire was caused by a utility company’s negligence, you can file a separate legal claim directly against that utility for all of your losses, including amounts your insurance did not cover.
These two claims are not mutually exclusive. You can file both, and in many cases pursuing a legal claim results in significantly greater total recovery than insurance alone.
Step 4: Know Your Deadlines
Missing a legal deadline can permanently forfeit your right to compensation. Key deadlines for California wildfire victims include:
- Eaton Fire — deadline to file is January 7, 2027
- Sandy Fire — two years from date of loss (May 18, 2028) if negligence is confirmed
- General rule — California’s statute of limitations for property damage and personal injury is two years from the date of the incident
- Wrongful death — two years from the date of death
Do not wait until close to the deadline. Evidence is gathered, cases are built, and settlements are negotiated over time. The earlier you act, the stronger your position.
Step 5: Consult a Wildfire Attorney Before Accepting Any Settlement
Utility companies and insurance companies may contact you quickly with settlement offers. Before signing anything:
- Do not accept any payment from a utility company’s compensation fund without attorney review
- Do not sign any release of claims — these can permanently waive your right to pursue additional compensation
- Do not give recorded statements to insurance adjusters or utility representatives without consulting an attorney
A wildfire attorney can evaluate whether any offer reflects the true value of your losses — often, initial offers are far below what victims are entitled to recover.
Active Wildfire Cases
The Wagner Law Group is currently handling claims for victims of the following fires:
- Eaton Fire (2025) — SCE found responsible. Deadline: January 7, 2027.
- Sandy Fire (2026) — Cause under investigation. Victims should document losses and consult an attorney now.
Affected by a different fire? Contact us — we can evaluate your situation regardless of which fire impacted you.
Frequently Asked Questions
Do I need a lawyer if I have homeowner’s insurance?
Yes — especially if the fire was caused by utility negligence. Your insurance covers losses up to your policy limits. A lawsuit against the responsible utility can recover everything your policy doesn’t cover, including emotional distress, full property value, and more.
What if I was renting, not owning?
Renters have valid claims for lost personal property, temporary housing expenses, and other losses. You do not need to own property to pursue compensation from a negligent utility company.
How do I know if my fire was caused by a utility company?
Cal Fire and independent investigators typically determine the official cause of major wildfires. Our attorneys monitor these findings closely. Contact us and we can advise you on whether a utility negligence claim applies to your fire.
What does it cost to hire a wildfire attorney?
Nothing upfront. The Wagner Law Group works on a contingency fee basis — you pay no fees unless we win your case.
Can I still file if I already accepted an insurance payout?
In most cases, yes. Accepting insurance proceeds does not waive your right to pursue a separate legal claim against the utility company responsible for the fire. Contact us to review your specific situation.
Call 833-200-7111 or fill out our contact form for a free consultation.
This page is for informational purposes only and does not constitute legal advice. Every case is different. Consult an attorney for guidance specific to your situation.