After a wildfire, it is not always clear what steps to take or what legal options may be available. The aftermath can feel overwhelming, but acting quickly is important for protecting your rights and preserving your ability to recover through insurance or legal claims.
As is the case with all other types of legal proceedings, there is a statute of limitations for wildfire claims in California that grants prospective claimants a limited amount of time to file suit before they permanently lose the right to pursue a claim over a particular incident. Below is a summary of key deadlines that apply to fire insurance claims and civil lawsuits, and how an experienced attorney can help you navigate the process.
If you are eligible to file a civil lawsuit against a person or entity over the role they played in causing wildfire damage to occur, you generally have a maximum of two years to formally start the litigation process after initially discovering harm. This is consistent with the two-year filing deadline set for the vast majority of civil lawsuits by California Code of Civil Procedure § 335.1.
If someone is physically or mentally incapacitated and unable to file within the standard statute of limitations, a court may grant an extension in their specific case. If a minor child has a cause of action, they may also qualify for an extension of the applicable statutory filing deadline.
As established by the Standard Form of Fire Insurance Policy outlined in California Insurance Code § 2071, fire insurance policy providers in California must provide policyholders with a minimum of 12 months to file suit or pursue a claim for recovery under their policy, starting from the inception of the loss. Additionally, if the policyholder’s loss occurred during a declared State of Emergency, as is often the case during wildfires, the filing deadline must be extended to 24 months from the date of initial loss.
Two years may seem like a long time, but the challenges of recovering from a wildfire can make deadlines approach faster than expected. Between that and the complexity of collecting evidence to support claims, the statute of limitations for wildfire claims in California can become a barrier if not addressed early in the process.
At CaseyGerry, our attorneys have extensive experience helping clients navigate third-party wildfire claims and deadlines. Contact us to schedule a consultation and learn more about protecting your rights after wildfire damage.
