Environmental · Wildfire
California Wildfire Claims Attorney
Civil litigation for California wildfire victims — homeowners, renters, businesses, and families harmed by wildfires linked to utility equipment failures, negligent vegetation management, or other identifiable defendants.
Inverse condemnation, mass tort coordination, and significant damages.
California's wildfire litigation landscape
Over the past decade, California utilities — particularly Pacific Gas & Electric (PG&E), Southern California Edison (SCE), and San Diego Gas & Electric (SDG&E) — have been linked to many of the state's most destructive wildfires. Causes commonly identified by Cal Fire investigations include downed power lines in high winds, equipment failures, and inadequate vegetation management. Fires of this kind have produced billions of dollars in litigation, including the largest mass tort settlements in California history.
Legal theories
- Inverse condemnation — California's unique theory under which a public utility (treated as a quasi-public actor) is strictly liable for damage to private property caused by its public-improvement infrastructure. Pacific Bell Telephone Co. v. Southern California Edison Co., 208 Cal.App.4th 1400 (2012); Barham v. Southern California Edison, 74 Cal.App.4th 744 (1999). No proof of negligence required; the property owner shows their property was damaged by the utility's infrastructure.
- Negligence — failure to maintain equipment, manage vegetation, or shut off power in high-fire-risk conditions
- Nuisance — substantial unreasonable interference with use and enjoyment of property (Cal. Civ. Code §§ 3479, 3490)
- Trespass — physical invasion of property by fire
- Public utility code violations — Cal. Pub. Util. Code provisions on safety standards
- Wrongful death and personal injury — for fires causing fatalities or injuries
Damages
- Real property damage — destroyed structures, diminished value, debris removal, restoration
- Personal property loss — household contents, vehicles, business equipment
- Business interruption — lost income for businesses forced to close or relocate
- Loss of use — temporary housing costs, displacement losses
- Emotional distress — for plaintiffs who experienced or witnessed the fire
- Personal injury — burns, smoke inhalation, evacuation injuries
- Wrongful death — for fatal fires (Cal. Code Civ. Proc. § 377.60)
- Punitive damages — where utility conduct was malicious, oppressive, or fraudulent (Cal. Civ. Code § 3294)
Coordinated proceedings — JCCP
Major California wildfire matters typically proceed as Judicial Council Coordination Proceedings (JCCPs), the California state-court equivalent of federal multi-district litigation. Coordinated discovery, common-issue litigation, and bellwether trials shape settlement values. Individual cases proceed within the coordinated framework. Recent and ongoing JCCPs have addressed Tubbs Fire, Camp Fire, Kincade Fire, Thomas Fire, Woolsey Fire, and others.
Bankruptcy and settlement funds
PG&E entered Chapter 11 bankruptcy in 2019 in connection with wildfire liabilities; the resulting plan established the Fire Victim Trust, which has been administering claims and payments to over 100,000 fire victims. Other utilities have established similar settlement structures. Different fires fall under different procedural frameworks; case-by-case analysis is required.
Why act quickly
California's two-year statute of limitations for personal injury (Cal. Code Civ. Proc. § 335.1) and three-year statute for property damage (Cal. Code Civ. Proc. § 338(b)) apply, though specific procedural deadlines under coordinated proceedings or settlement-fund frameworks can be much shorter. Documentation — Cal Fire reports, insurance records, photos, financial records — should be preserved promptly.
Common Questions
Was my fire one of the utility-caused fires?
Cal Fire publishes investigation reports for major wildfires that identify likely causes. Many California fires over the past decade have been linked to utility equipment. We can review the relevant Cal Fire findings for your specific fire.
I already received insurance money. Can I still sue?
Often yes. Insurance proceeds typically cover only a fraction of actual losses (especially given coverage limits and underinsurance). Subrogation rights of insurers are part of the case workup. The civil claim can recover the gap between insurance and actual losses, plus other categories of damages insurance does not cover.
What if I rented and didn't own the property?
Renters can have claims for personal property loss, displacement and temporary housing costs, business interruption, emotional distress, and personal injury. Property-damage claims belong to the owner, but renters' losses are real and recoverable.
Are there deadlines I need to worry about?
Yes — multiple. The general personal injury and property damage statutes of limitations apply, but coordinated-proceeding and settlement-fund deadlines can be much shorter and very firm. Every wildfire matter has its own procedural calendar. Reach out promptly.
For a confidential review of your case:
“The cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan is licensed in California.