Are you looking into wildfire lawsuits? Against a backdrop of increasing wildfires, lots of people grapple with health issues—respiratory problems, cardiac conditions, anxiety, and other mental health struggles.

It’s no secret that such calamities can yield long-lasting health effects. But when these health problems are due to another’s negligence, victims have recourse—they can file a lawsuit.

To initiate legal action for health damages resulting from wildfires, understanding the legal cause, specifically negligence, is crucial.

A landmark ruling saw a power company charged with causing a wildfire held responsible for the health problems of local residents—a landmark in establishing legal precedent.

A situation becomes a case of negligence when a party fails to act with the care that a reasonable person would have taken under similar circumstances.

Wildfire Lawsuits and Negligence Claims

Negligence needs four components: duty, breach, causation, and damages. The offending party must have a duty to act responsibly, a breach of that duty must have occurred, this breach must have directly caused the damage, and the damage must be something compensable under the law.

When it comes to wildfires, an entity, such as a power company, has a duty to maintain and manage its equipment to prevent fires. A breach could take the form of not adequately maintaining equipment, which then sparks a wildfire.

The crucial part, especially for health damage claims, lies in establishing causation. For instance, data from the American Lung Association estimates that over 45 million people in 2020 alone experienced unhealthy levels of wildfire smoke, which can directly contribute to respiratory issues.

Centers for Disease Control and Prevention

Gathering medical records that demonstrate the link between exposure to wildfire smoke and health conditions becomes an important part of building the case.

A report from the Centers for Disease Control and Prevention in 2021 revealed that hospital admissions for respiratory issues spiked by 10% following significant wildfire events. Such evidence strengthens the causation argument.

Legal representation is paramount in this process. Navigating the complex legal landscape, particularly in cases of wildfire health damages, requires a professional’s expertise. Look for attorneys specializing in environmental law or personal injury, with a proven track record in similar cases.

Statute of Limitation

Once you have established your case, the process of filing the lawsuit commences. This typically involves drafting a complaint, which lays out the alleged facts, the law supporting the case, and the relief sought—usually in the form of financial compensation.

But as with all legal action, time is of the essence. Each state has a Statute of Limitations dictating the timeframe within which legal action can be taken. For example, in California, a hotbed for wildfires, the Statute of Limitations for personal injury cases is generally two years from the date the injury was discovered.

During this process, maintain constant communication with your lawyer. Ask about the status of your case, any new developments, and what the next steps should be. Patience is key because these lawsuits can take months, sometimes years, to resolve. But for those who prevail, the relief can be substantial.

A group of residents in Northern California won a $13.5 billion settlement against a power company for its role in a devastating wildfire.

Wildfire lawsuits

While no amount of money can reverse health damages from wildfires, holding those responsible accountable serves not just the victims, but society as a whole. Lawsuits can bring about critical changes in policy, regulations, and practices, helping to prevent similar incidents in the future.

Filing a lawsuit for health damage from wildfires isn’t just about seeking justice for personal harm. It’s a fight for better, safer practices that protect public health and the environment for generations to come.

Today’s legal battles are tomorrow’s safeguards against the devastating health impacts of wildfires, a plight that, in the face of climate change, remains a significant concern.

Damage from the wildfires

The wildfires in British Columbia, Washington State, Oregon, and California have been horrendous. There was a week that I couldn’t go outside without wearing an N95 mask.

British Columbia, which normally has the best air quality, was suddenly ranked above China and India for air pollution.

Smoke in the summers started about four years ago. When it started in the summer of 2016, the smoke would only last a few days and would be high in the sky. There would be no ground-level smoke, so there were no health risks.

In the summer of 2020, if you put your head out the window, it smelled like you were standing next to a campfire. Your eyes would water after being exposed to the smoke for a few hours.

The smoke this year added a new layer of mental health stress and health risks, but who can we sue for the mental and physical health damage from the wildfires?

Who Can Be Sued for the Wildfires?

The largest of the many wildfires started when a couple organized a party in California. The party was to show their friends and family the gender of their baby. The fire started when a smoke machine produced blue smoke to show that they are having a baby boy.

This caused the fire that destroyed millions of acres of forest and caused massive health damage as far away as Alberta, Canada. This reminds me of the couple that made a pipebomb for their gender reveal party. A grandmother was killed.

If wildfires are causing billions of dollars in damages, there must be someone who can compensate us for our suffering. There are two groups you can sue, insurance companies or the people that started the fire.

Lawsuits Against Insurance Companies

Insurance companies are the ones that payout the most compensation because of wildfires. In the 2020 California wildfires, there were 6,223 buildings destroyed.

These insurance companies are now adding clauses to their contracts saying that they are not responsible for natural disasters. The list of insurance exclusions seems to continue to grow.

It makes you wonder what is the benefit of paying large insurance premiums if the company won’t be there for you when your house is destroyed.

Whenever there is a serious event that causes a lot of damage, the lawyers of the insurance companies get together to figure out how to avoid writing cheques.

This happened to me last month. A property that I own in California was deemed “uninsurable” because it’s a duplex. For ten years, there were no problems. I sold my house right away because I’m concerned that the housing market will drop if people can’t get insurance in that geographical area.

Suing the People That Started the Fire

Someone could certainly sue the couple that started the wildfire with the smoke machine. But with the millions of victims, it’s unlikely that they have enough assets to make it worthwhile.

If they have a million dollars in assets, and there are a million victims, each victim would get less than one dollar once the legal fees are accounted for.

If you were the first mover on the lawsuit, perhaps you could receive some compensation. It would be mandatory to file the lawsuit in the court where the couple lives and serve it right away. You would be filing a lawsuit against the responsible party for negligence.

You would have to prove that their actions lead to harm to your health. For example, the wildfire started because they set off a smoke machine. The fire caused smoke, which travelled to your city and led to your health problems.

Is Climate Change At Fault For The Wildfires?

There should be no doubt that the climate is changing. This year there has been record-beating heat. For the last few years, there has been less rain in British Columbia and Washington State. I am extremely concerned about the future of our beautiful part of the world.

With less rain and higher heat, it’s likely we can plan for smoky summers going forward.

If you have the means to afford a wildfire-related lawsuit, and you can find someone with assets to sue, perhaps a fatter bank account will make up for your ruined summers by the lake.

Wildfire lawsuits

Against a backdrop of charred landscapes, the recent wildfires in Canada have painted a poignant tale of devastation. Mother Nature, it seems, has unleashed her fury, etching her wrath across the once verdant forests. Now, these sprawling expanses echo with the silence of the displaced.

The area consumed by fire so far in 2023 surpasses an alarming 2.5 million hectares. Flames have devoured an area larger than the province of Prince Edward Island, spewing smoke that darkened skies hundreds of kilometres away.

This inferno, largely concentrated in British Columbia, has caused catastrophic damages. In the quaint town of Lytton, what was once a vibrant community was reduced to ashes within days.

More than 90% of buildings here were destroyed in the most aggressive blaze of the season, turning the local dreamscape into a nightmare.

The Forest Economic Advisors Canada

Firefighters, like valiant knights, face off against the flames, striving to protect and preserve. Yet, these heroes have been stretched thin, battling approximately 1,300 wildfires since the beginning of the year. Their tenacity, undoubtedly, stands as a bulwark against the fiery onslaught.

Wildlife too has borne the brunt of these fires. Endangered species, such as the southern mountain caribou and the spotted owl, face an existential threat as their habitats are consumed. Reports suggest a loss of 30% of these species’ habitat, further threatening their already fragile populations.

Economic tolls paint a daunting picture. The Forest Economic Advisors Canada estimates that approximately $400 million in timber assets have been obliterated. As a substantial contributor to Canada’s GDP, the forestry industry stands deeply impacted.

Direct losses to businesses, homes, and infrastructures are feared to exceed $5 billion, according to the Insurance Bureau of Canada.

The Air Quality Health Index

The air quality deterioration adds a sinister layer to the devastation. With the fires belching dense smoke into the atmosphere, cities far from the fire zones have been choked with haze.

The Air Quality Health Index (AQHI) recorded readings of 10+ – considered ‘very high risk’ – in Edmonton and Calgary, a phenomenon unseen in recent history.

More than the immediate destruction, these fires signify the cataclysmic impacts of climate change. Canadian Forest Service reported that the average temperature in Western Canada has risen by 1.7 degrees Celsius over the last century. This warming trend sets the stage for longer, harsher fire seasons, turning forests into tinderboxes awaiting a spark.

Farmers gaze upon parched fields, bearing witness to the havoc wrought by the wildfires and concurrent drought. The impact on Canada’s agricultural sector is disheartening, with initial estimates projecting crop losses upwards of 35%. This indicates a steep increase in food prices and poses challenges to food security.

Wildfire lawsuits

Displacement has become a sombre reality for many residents. Over 15,000 individuals have been evacuated from their homes in 2023 alone.

Emergency shelters serve as temporary havens, as families huddle together, their lives reduced to suitcases and shared memories of a home that once was.

The wildfires have also cut a swathe through indigenous territories. For First Nations communities, the fires represent not just a loss of homes and livelihoods, but a searing assault on their ancestral lands and cultural heritage. The toll on these communities, both tangible and intangible, is immense and heart-wrenching.

Despite the severity of the fires, the spirit of resilience permeates through the smoke-filled air. As communities rally together to aid those affected, the strength of unity reveals itself amidst the rubble. Hope is kindled from the ashes, promising a phoenix-like resurgence against the stark reality of the wildfires’ fury.

These wildfires have etched deep scars across Canada, their memory be written in blackened timber.

We hope you found this article on wildfire lawsuits interesting.