LA Fires Frequently Asked Questions – A California Wildfire Lawsuit for Eaton Survivors

Q: What should I expect if I file a claim against Southern California Edison?

A: You can expect your attorneys to handle the vast majority of the work involved in your case, allowing you to focus on the recovery process.

At certain points throughout the case, we will need to work with you to collect documents and other necessary information to support your claim. For example, our team will gather additional details about your losses and ask that you send us any photos you have of your property prior to the fire. We’ll also ask that you keep and track documents you have related to your home, including: insurance documents, deeds, mortgage information, rental agreements, and receipts for costs you incur as a result of being displaced.

Q: How long can I expect this case to take?

A: Litigation takes time. Courts often move slowly and based on our past experience, these types of cases take multiple years to resolve. Our team works diligently to keep cases moving forward throughout the whole process.

Q: Why should I file an Eaton Fire lawsuit?

A: Both homeowners and renters can benefit from filing a lawsuit. While insurance can cover some losses, it does not cover the full extent of harm resulting from the fire.

A lawsuit against Southern California Edison allows you to seek compensation for losses that are not covered by insurance, such as the significant emotional distress that comes with losing a home and irreplaceable belongings. It also allows survivors to recover for losses for which they are underinsured—like the cost of rebuilding.

Q: Why do I need a lawyer to file a claim?

A: Filing a case against a utility company like Southern California Edison poses unique challenges in a complicated legal process. An experienced legal team can help to guide you through every step of the process and advocate for the maximum compensation available under the law.

Q: Is your California wildfire lawsuit a class action?

A: No. Our case is not a class action, but instead is a “mass tort.” In a mass tort, each person’s claim is an individual case. However, we expect that the case will be coordinated with the cases of other individuals filing similar lawsuits against Southern California Edison before one judge.

This means that you will need to hire a lawyer to file a lawsuit to pursue your legal claims. Additionally, you will get to decide for yourself to accept what Southern California Edison offers in settlement or instead proceed to trial and let a jury decide the amount you should be paid.

Q: I was renting my home and it burned down. Can I get a refund for part of January’s rent that I paid?

A: This depends on your written lease agreement.

In the absence of any lease language about it, the answer is no. A renter must pay the rent up to the time the property is destroyed and not beyond that date. But unless the lease says otherwise, the landlord must refund only the renter’s security deposit, not any rent paid in advance.

Q: Do I have to continue to pay my mortgage?

A: You need to call your lender. After a disaster such as the Eaton Fire, the Federal Housing Authority traditionally imposes a 90-day moratorium on foreclosures of FHA-insured loans to allow the homeowner, the lender, and the insurance carrier to work things out. Your lender can tell you if you have an FHA loan and whether they are recognizing the 90-day moratorium.

Q: Can I continue to pay my mortgage and keep all my insurance proceeds so that I can rebuild? I don’t want to have to get a new loan because the rates will be higher.

A: Regulators encourage banks to be flexible with their customers after a disaster such as the Eaton Fire.

Normally you will not be able to keep the insurance proceeds and continue to pay your mortgage. The lender is typically a “loss payee” under your insurance policy. That means that when all is said and done, the lender will get paid from the insurance proceeds first and you will get whatever is left over. You will need a new loan to rebuild. However, there is no hard and fast rule, and regulators encourage banks to be flexible with their customers after a disaster such as the Eaton Fire. According to a letter to banks from the FDIC, “extending repayment terms, restructuring existing loans, or easing terms for new loans, if done in a manner consistent with sound banking practices, can contribute to the health of the community and serve the long-term interests of the lending institution.” Again, a good starting point is calling your lender.

Q: I couldn’t get my pet out. Can I hold Southern California Edison responsible for the loss of my pet?

A: When a pet passes away in a utility fire, law recognizes that the pet can almost be a family member. The utility must fully pay the owner for the all the emotional distress the owner suffers as a result of losing the animal.

Q: How much do I have to pay for you to represent me?

A: If we don’t win, you owe us nothing.

You do not pay us any money out of pocket. We will never ask you to send us money. We are paid out of any settlement you receive at the end of the case.

Q: Where will the lawsuits be heard?

A: Los Angeles. Upcoming hearings are expected to be scheduled soon.

Q: Is there a time limit to join?

A: You have two years from the date of the fire to hire a lawyer and file a lawsuit. However, all other things being equal, the first claims filed are typically the first claims paid. So there is no benefit in delaying.

Q: Do you represent families whose loved one was killed by Southern California Edison’s alleged negligence?

A: Yes. Lawsuits concerning family members lost due to Southern California Edison’s alleged negligence are handled differently from property loss lawsuits and must be brought as separate lawsuits. We were among the first to sue PG&E for wrongful death in connection with the Camp Fire. We have the experience required to advocate on behalf of families that have lost a loved one.

Q:  What experience does your team have with wrongful death fire cases?

A:  We have experience representing the families of over 22 decedents when we sued PG&E for wrongful death as a result of the Camp Fire, the Wine Country fires of 2017, and the Butte/Calaveras County wildfire of 2015.

Q: Why should I sign up with Corey Gibbs Fire Lawyers instead of another California wildfire law firm?

A: We are the best choice for the following reasons:

• We know what we’re doing because we’ve done this before. We have been appointed by courts to lead past cases against utilities who started wildfires.
• Our team is made up of California lawyers and we have a local office in Pasadena.
• Our team is big enough to take on SCE and has been taking on big corporations for decades.
• We have the financial resources needed to see the cases through to the end.
• Other firms say that they will hold SCE accountable but have never done so before. They don’t know what it takes. We do.

Many people affected by the fires have the right to file a lawsuit, and may not know it. Here are some common misconceptions about who is eligible for recovery of compensation through a lawsuit:

FALSE:

Only Homeowners Can File Lawsuits

It is NOT true that you can only file a lawsuit if you owned a home that was destroyed by the fire.

You can file a lawsuit for a number of different reasons, including loss of a rental home, loss of personal property, and adverse health effects caused by the fire.

FALSE:

Only Insured People Can File Lawsuits

It is NOT true that you must have documents to prove every item you lost in the fire.

You may be eligible to file regardless of if you have relevant documentation. In fact, the simple act of having to flee the fire may enable your claim.

FALSE:

Only Wrongful Death & Injury Cases Can File

It is NOT true that you can only file a claim if you lost a loved one or experienced personal injury.

Other reasons for filing a claim may include damage to your home or loss of personal property as a result of the fire.

• Our lawsuit against SCE on behalf of Eaton Fire survivors
• Emergency & safety tips for those recently impacted by LA wildfires
• Why file a lawsuit? 
• About Corey Gibbs Fire Lawyers
• Registration page for our Town Hall Webinars for Eaton & LA Fire survivors
• Eaton Fire wrongful death lawsuits
• About our Pasadena office – for in-person meetings with Eaton Fire survivors

Corey Gibbs Fire Lawyers – Visit Our Pasadena Office

Century Square, 155 North Lake Ave, 8th Floor, Pasadena, CA 91101

Email lafires@classlawgroup.com or call 626-669-4886 to schedule an appointment with an attorney.