Wrongful Death Claims After a California Wildfire: A Guide for Grieving Families
Losing a loved one to a California wildfire is an unimaginable tragedy. The grief is overwhelming, and the last thing you want to think about is legal action. But if your family member's death was caused by the negligence of a utility company like Southern California Edison or LADWP, you have the right to hold them accountable—and to seek compensation that can help your family move forward.
This guide explains wrongful death claims after wildfires, who can file, what compensation is available, and how to take the first steps toward justice for your loved one.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone dies due to another party's negligence, recklessness, or intentional act. In the context of California wildfires, a wrongful death claim can be filed against:
- Utility companies (SCE, LADWP, PG&E) whose equipment caused or contributed to the fire
- Government entities that failed to maintain infrastructure or respond adequately
- Other parties whose negligence contributed to the fire or its deadly spread
The purpose of a wrongful death lawsuit is twofold: to compensate surviving family members for their losses, and to hold the responsible parties accountable for their actions.
Who Can File a Wrongful Death Lawsuit in California?
Under California law (Code of Civil Procedure § 377.60), the following people can file a wrongful death claim:
Immediate Family Members
- Surviving spouse or domestic partner
- Surviving children (including adopted children and stepchildren)
Other Potential Claimants
- Parents (if the deceased had no spouse or children)
- Siblings (if entitled to inherit under intestate succession)
- Anyone financially dependent on the deceased (must prove dependency)
Minor Children's Claims
If the deceased had minor children, a parent or guardian can file a wrongful death claim on their behalf. These claims are often the most significant because children suffer the longest-lasting loss of parental support and guidance.
What Compensation Is Available in a Wildfire Wrongful Death Claim?
Wrongful death damages in California are designed to compensate surviving family members for both economic and non-economic losses:
Economic Damages
- Loss of Financial Support: The income and financial contributions the deceased would have provided to the family over their remaining lifetime
- Loss of Benefits: Health insurance, retirement benefits, and other benefits the family lost
- Funeral and Burial Expenses: All costs associated with laying your loved one to rest
- Loss of Household Services: The value of services the deceased would have provided (childcare, home maintenance, etc.)
Non-Economic Damages
- Loss of Companionship: The emotional support, love, and companionship your family has lost
- Loss of Guidance and Nurturing: Particularly important for surviving children who have lost a parent's guidance
- Loss of Consortium: For surviving spouses, the loss of intimacy and marital relationship
- Mental and Emotional Suffering: The grief, anguish, and psychological impact of losing your loved one
Survival Action Damages
In addition to wrongful death damages, California allows a "survival action" to recover damages the deceased person suffered before their death. This can include:
- Pain and suffering experienced before death
- Medical expenses incurred before death
- Any other damages the deceased could have recovered if they had survived
Wrongful Death Claims for Eaton Fire and Palisades Fire Victims
The January 2025 Los Angeles wildfires have claimed at least 29 lives—17 in the Eaton Fire and 12 in the Palisades Fire. Families of these victims may have grounds for wrongful death claims against:
For Eaton Fire victims: Southern California Edison is under investigation and faces lawsuits alleging its equipment sparked the fire. Los Angeles County has sued SCE, and individual wrongful death claims are being filed.
For Palisades Fire victims: LADWP faces scrutiny for allegedly leaving the Santa Ynez Reservoir empty and failing to maintain adequate water pressure for firefighting. Lawsuits allege these failures contributed to the fire's deadly spread.
Time Limits for Filing a Wrongful Death Claim
California has strict deadlines for wrongful death claims:
General Statute of Limitations: 2 years from the date of death to file a wrongful death lawsuit
Government Claims: If suing a government entity (like LADWP or the City of Los Angeles), you must first file a government claim within 6 months of the death. Failure to file this claim can permanently bar your lawsuit.
Don't delay. Even though you're grieving, it's important to consult with an attorney as soon as possible to ensure you don't miss critical deadlines.
What to Do If You Lost a Loved One in a California Wildfire
We understand that taking legal action is probably the last thing on your mind right now. But here are some steps that can help protect your family's rights:
- Take time to grieve. Your wellbeing and your family's wellbeing come first. An attorney can handle the legal matters while you focus on healing.
- Preserve any evidence. Keep any documents, photos, or communications related to your loved one and the circumstances of their death.
- Request official records. Obtain the death certificate and any available fire or coroner's reports.
- Document your losses. Keep track of funeral expenses, lost income, and other financial impacts.
- Consult with an attorney. An experienced wrongful death attorney can evaluate your case, explain your options, and handle the legal process so you don't have to.
We're Here to Help Your Family Seek Justice
No amount of money can bring back your loved one or ease the pain of your loss. But holding the responsible parties accountable matters—for your family, for your community, and for preventing future tragedies.
At Fire Claims Lawyer, we handle wrongful death cases with the compassion and sensitivity your family deserves. We'll handle the legal process so you can focus on grieving and healing. And we'll fight to hold the responsible parties accountable for what they've done.
Free, confidential consultation. No fee unless we win.
Our hearts go out to everyone who has lost a loved one in these devastating fires. We're here when you're ready.