Wrongful
Death Fire Attorney

In the year 2020, California experienced around 4,800 wildfires according to Cal Fire. These numbers have steadily risen year after year as California faces drier summers. With these deaths come substantial property damage and possibly deaths. Fire-related deaths are not that common, however, make up legal claims for lawsuits.

Fire related deaths are complicated in nature since it is very difficult to determine who is at fault. That is why it is important to hire an experienced fire accident attorney that knows the law of the state well and can work to ensure you received maximum compensation for a wrongful death claim.

Wrongful Death Fire Attorney

According to the National Fire Protection Association, the death rate for 1,000 family homes was 20% higher in 2019. The number is at a constant increase with every passing year. In 2019, there was about 480,000 structural fires. Among those fires, there were 3,000 civilian deaths.

What are Wrongful Death Claims?

In order to understand fire-related death claims, it is important to understand a wrongful death claim. Wrongful-death claims are brought by someone who is from the estate (or related to the deceased) against the defendant. A wrongful death claim includes several different types of legal claims, such as intentional torts and negligence. Wrongful death claims allow the family of the deceased to pursue legal action even though the original plaintiff has passed away.

Wrongful Death Claims in California

Some states do not allow a wrongful death claim. However, California allows wrongful death claims as stated in their statute code of civil procedure 377.60 where it states, “A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf.”

Wrongful Death Claims in Nevada

Nevada also allows wrongful death claims, similarly to California. Nevada wrongful death statutes state, “When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death.” (NRS 41.085)

Who Can File a Wrongful Death Fire Lawsuit?

In order to be able to file a wrongful death lawsuit, the plaintiff must have “standing.” Standing is a term used to determine if the plaintiff could file the lawsuit against the deceased. California statutes set out a list of different people who can bring a wrongful death claim. These parties include:

• Surviving spouses
• Surviving domestic partners
• Children of the deceased (this includes stepchildren and foster children)
• Grandchildren of the deceased
• Other parties that have been entitled to a part of the estate under the decedent’s will

Damages in a Fire Related Death

There are several different types of damages a plaintiff could obtain in a fire related death lawsuit. The damages depend on whether it is a wrongful-death claim or a fire injury claim. The amount of damages also depend on the injuries that have been suffered. These damages include:

• Past medical expenses
• Future medical expenses
• Future pain and suffering
• Loss of enjoyment of life
• Loss of consortium
• Emotional distress
• Burial expenses
• Punitive damages: this type of damage is awarded in certain situations. For more information on punitive damages, please visit our page

Fire-related Injuries

Other than death, there can also be claims brought by plaintiffs for sustaining severe injuries.  these injuries include serious burns and damage to the respiratory system from smoke inhalation.

Degrees of Burns

There are three different degrees of fire burns where a plaintiff could collect compensation for their injuries.

1. First degree burns: first degree burns occur at the outer layer of the skin. This is the most common type of fire related injury. This could cause the peeling of the skin, and potential infections.
2. Second degree burns: second degree burns go under the first layer of the skin. This occurs when the tissues under the skin are damaged. This could result in deep blisters and a wrinkled appearance to the skin.
3. Third degree burns: these burns are the most severe. They are thicker burns and are almost always painful. This occurs when the nerve endings have been destroyed.

What Causes Fire-related Deaths?

• Wildfires: wildfires are the number one reason for the cause of fires in California
• Defective products: oftentimes a defective product, such as an oven, may lead to a fire that potentially destructs the entire neighborhood
• Candles: unattended candles that have been forgotten could lead to severe housefires
• Electrical defects: defects in the electrical system of the home could lead to severe fires that destruct the entire neighborhood