Can I Seek Personal Injury Damages From a California Wildfire?

 Posted on November 19, 2024 in Personal Injury

California’s wildfire season typically lasts from April through October or even November, and this year has been no exception. The destruction caused by wildfires is not only limited to property damages, as it can also include significant health risks.

While victims try to assess the damage and injuries they have suffered, they often face substantial medical bills, lost wages, and lasting emotional trauma. In such situations, questions arise about whether they have grounds for a personal injury case. If you are interested in pursuing damages following a California wildfire, speak with an experienced Glendale, CA personal injury lawyer to understand your options.

Injuries Commonly Associated with California Wildfires

Wildfires create a range of potential personal injury claims for those directly and indirectly involved in the fire. Some ways people get injured during or due to wildfires include:

• Smoke inhalation and respiratory injuries: Even if you are not directly in the fire's path, toxic smoke can travel miles, affecting people in surrounding areas. Because wildfire smoke contains hazardous chemicals like carbon monoxide, smoke inhalation can lead to severe respiratory issues. Victims may require expensive, long-term health care, including medication, respiratory therapy, or even long-term disability support.

• Burns and fire-related injuries: People in a fire’s immediate path can suffer severe burns. They might need extensive medical treatment, extended hospital stays, surgical interventions, skin grafts, and rehabilitation.

• Evacuation-related injuries and car accidents: Fleeing the path of a wildfire can be chaotic. Traffic jams, visibility impaired by smoke, and emergency response teams rushing toward the scene make car accidents common during evacuation efforts.

• Emotional trauma: Losing your home, witnessing destruction, and experiencing fear and anxiety during evacuation can cause serious psychological harm, such as post-traumatic stress disorder, depression, and anxiety.

• Property-related injuries: During wildfires, people can suffer serious injuries from being trapped by debris, building collapses, or attempting to protect their property.

Who is Liable for Wildfire-Related Personal Injuries?

California wildfire personal injury claims can be complicated because multiple parties are often involved. Some of the potential avenues for pursuing compensation include:

• Negligence claims: For a negligence claim, you must prove that the responsible party breached their duty of care, which directly caused your injuries and damages. A utility company can be liable for a wildfire if its equipment malfunctioned or was improperly maintained. Private property owners could also be responsible if their actions lead to a wildfire. Additionally, if local or state government agencies improperly manage wildfire risks, their negligence could also contribute to the spread of the wildfire.

• Product liability: Defective products, such as electrical equipment or appliances, can cause wildfires. Manufacturers, distributors, and sellers of these products can be sued for injuries or damages.

• Class action lawsuits: If a wildfire that affects many people in a particular area was caused by the actions or negligence of a large company, victims could pursue a class action lawsuit. This means that a group of plaintiffs will collectively sue for damages, which is more cost-effective.

• Workers’ compensation claims: Firefighters and other emergency personnel can face significant health risks. These can result from their direct exposure to flames, smoke inhalation, or physical injury during firefighting efforts. They might be eligible for workers' compensation benefits that can cover medical expenses, lost wages, and rehabilitation costs.

Schedule a Free Consultation with an LA County, CA Personal Injury Lawyer

If you were injured because of a wildfire, speak with a qualified Glendale, California personal injury attorney about seeking damages. It can be overwhelming to deal with the aftermath of such a traumatic time. Call Tahmazian Law Firm, P.C. at 818-242-8201 to schedule a free consultation so you do not need to navigate it alone.