Dear Clients and Friends:
Many of us are still dealing with the ramifications from the horrible fires that ravaged our communities. We all know someone who lost their home, business or was otherwise greatly affected by these tragedies.
There will be significant investigations done to determine the cause of these events. Already, there are lawsuits filed blaming utility companies for the Eaton/Hurst fires, and the City of Los Angeles/DWP for allowing the Palisades fire to get out of control. We expect several more to be filed.
Some important things to immediately consider when considering litigation:
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Any lawsuits against potentially culpable parties for the fires are intended to recover your uninsured losses. This is the difference between insurance payments you receive (if any) and your total loss.
- Any homeowner’s insurance money belongs to the clients. Clients should not be paying law firms a percentage of their own insurance policy recoveries.
- Be wary if the firm you hire for the third-party lawsuits does not assist you for free regarding your own first party insurance claims.
- Damages for these claims will include a variety of categories, including, partial or total loss of property claims, erosion claims, soot and ash remediation claims, general damages for being in the zone of danger during a mandatory evacuation, business losses, and of course, injury and wrongful death.
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As far as business losses, they may be recoverable for businesses that suffered physical damage. Generally, purely economic losses are not recoverable without physical damage, but these have to be investigated.
- These cases should be filed as “mass” tort claims not as “class” action cases to ensure each client receives individualized attention and recoveries.
Again, we are so sorry if you are dealing with losses from the fires. If you have any questions, or need help with deciding about the litigation, feel free to give us a call. We are always here to help.
Best,
The Personal Injury Practice Group
818-907-3230
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