Daniels Law

Wrongful Death From a California Wildfire

October 30, 2020 · Wildfire
Wildfire endangering house

Deaths related to fires are always tragedies. Sometimes, there is no one who can be held accountable in court. Other times, there is an individual or entity legally responsible for the death of a loved one. In a natural disaster such as the fires in California in 2020, do not assume that no one is liable for the tragic death of a loved one. Investigations may find that a person or company has contributed to the wildfires, giving a family member cause to file an unlawful death claim. Daniels Law can help with these claims.

The tragic loss of life caused by other people’s negligence or recklessness cries out for justice. A Cal Fire report found PG & E Co. equipment as the cause of the  Zogg Fire, and further investigations are underway.

If investigations show that a power company or other person or entity could reasonably have prevented a wildfires with due care, surviving family members of the deceased may have reasons to file wrongful death claims against the person responsible. A death is “wrongful” if the actions of a person or organization result in death. Negligence, wanton disregard for the safety of others, and intentional injury can all result in an unwarranted death. You will need the help of a lawyer to determine whether your case has merit as a wrongful death lawsuit after a California Wildfire.

In order for the civil courts to hear your case, you must comply with California’s rules for filing a lawsuit. Only certain parties have the right to file a lawsuit after a death. In California, the surviving spouse, domestic partner, or surviving children of the deceased may file this type of lawsuit. If these survivors do not exist, anyone “entitled to the decedent’s property by intestate succession” reserves the right to file. This can include the decedent’s parents or siblings.

You have two years from the anniversary of your loved one’s death to file an unwarranted death claim in the State of California. If you miss this deadline, you lose the right to file a lawsuit. Do not wait until  to file your claim for a loved one who died in a California wildfire. Speak to a lawyer as soon as possible to discuss your legal options and your claims for recovery after a negligent wildfire affects the life of a loved one.

Daniels Law’s attorneys and employees are deeply saddened by the loss of lives as a result of the recent fires. They have attorneys and employees directly affected by past wildfires and want to help wildfire victims obtain justice from responsible parties. Regardless of whether an energy company played a role in the recent wildfires and / or any other party, Daniels Law can help victims obtain the compensation they deserve.

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