Wildfires can cause tremendous damage to victims. Aside from burns and building damage, the resulting smoke can leave you with lasting respiratory issues. If you have existing conditions like asthma, the poor air quality can exacerbate them. Fortunately, California law offers a path for seeking compensation. Understanding the process is key to your recovery.
How wildfire smoke can affect you
Wildfire smoke contains microscopic particulate matter that penetrates deep into the lungs. Exposure can lead to:
- Persistent coughing and wheezing
- Chest pain and sinus irritation
- Exacerbation of pre-existing respiratory or cardiovascular conditions
If you are with a child or a relative with pre-existing respiratory issues, the wildfire smoke can trigger flare-ups. Such inhalation can even worsen their conditions.
When legal claims apply
Determining liability in a California wildfire often involves investigating utility company negligence. Depending on your losses, your claim may fall under several legal categories:
- Negligence: Proving the defendant failed to exercise reasonable care, such as failing to trim trees near power lines
- Inverse condemnation: Proving a public utility’s equipment caused the wildfire and property damage, regardless of negligence
After identifying the category for your claim, you need to show that the smoke was the proximate cause of your and your family’s ailment.
What evidence to collect
Establish a pre-fire health status through previous medical records to show your baseline health before the incident occurred. Then, seek immediate medical care to build a causal link between the smoke and your worsened condition.
Additionally, use Cal/OSHA standards as a benchmark. While an air quality index exceeding 150 is legally unhealthy, it is the specific regulatory threshold where employers must provide respiratory protection. This serves as strong evidence that the air quality was objectively harmful to your health.
Holding the at-fault party responsible
California’s deadlines are strict and vary depending on the type of harm and the defendant:
- Personal injury: Two years from the date of the incident
- Property damage: Three years from the date of the incident
- Claims against government entities: Within six months of the incident
While the Discovery Rule may occasionally delay these clocks if an injury was not immediately apparent, you should never rely on it. Delaying your filing can permanently bar you from recovery.
Because these cases involve complex data and aggressive insurance adjusters, it would be best to seek legal assistance. An experienced attorney can review your claim and provide insights on how to move forward.