Kincade Fire Damage Recovery2019-11-11T11:34:47-08:00


Kincade Fire Attorneys Proudly Assisting Wildfire Victims For Recovery of Property Damage and Emotional Loss

Sadly, wildfires are occurring in California in increasing size and numbers. In most cases, wildfires are avoidable and caused by human error. A wildfire is an uncontrolled blaze that is often fueled by high winds, weather, and dry vegetation. It can burn thousands of acres of land and completely destroy anything and everything in its path. If you have suffered property, damage to trees or vegetation, emotional distress, or a shortfall on insurance coverage as the result of a wildfire, you may need help determining your next steps. You have legal options. Our Kincade Fire Lawsuit Attorneys at Adler Law Group are here to help you pick up the pieces and recover the compensation you deserve. Fire litigation can be complex. Don’t try to navigate a complicated claim alone. Let us help.

You may be entitled to compensation from PG&E, even if you have insurance.

Insurance does not prevent you from recovery in a civil claim against PG&E. It serves as a mitigator to your damages. Insurance almost never covers 100% of the losses after a fire. The difference between your overall damages (property, business, emotional, and potentially others), and what insurance actually covers, is a basis for your claim against PG&E.

In a fire of this size and nature, we find most people are underinsured. This is not necessarily because your insurance agent underinsured you. But when an insurance policy is typically evaluated, it usually will not consider that such a substantial area will be destroyed in a wildfire. When this happens, the costs of building supplies and construction goes up, and so too does the cost of reconstruction. So many homeowners ultimately become underinsured as result.

We also find that insurance often does not cover anything for emotion trauma. Nor does it fully cover the entire replacement cost for trees, landscape and erosion.

“Each Kincade Fire case is unique, and will be evaluated as such. We do not believe in or promote the ‘class-action model.’ We litigate each and every case for our clients on its own individual basis, as though it were the only case harmed by the wildfire.”

Elliot Adler, Esq.

Types of Fire Damages

Property Claims: Insured and Uninsured Property Losses

Real property damages in the Kincade Fire are recoverable where a utility company is liable for Inverse Condemnation or Negligence. The value of the damages must be qualified and handled with experience. Real property damage claims can be all-encompassing, meaning all those damages that occur at the time of the fire, and thereafter. Often, we find consequential erosion damages, due to the loss of vegetation that would otherwise allow the soil to retain moisture.

Utility companies routinely attack the level of expertise and care put into someone’s case. The more streamlined the lawyer’s approach, the less damages recoverable to the client. This can be problematic for clients who are among thousands within a lawyer group.

Consequently, it is critical to properly evaluate each property, and obtain expert analysis that takes into consideration the unique aspects of your property. We routinely work with some of the best experts in their respective fields.

For property owners, we will often use a licensed general contractor to price out the complete rebuild and replacement of all real property related to the damaged structure. We then compare this to the insurance coverage payments received for real property damage. The difference may be asserted as the claim amount with respect to the real property.

For vegetation damages, we often use a qualified arborist or landscape architect to do an onsite inspection of the property. This expert may evaluate the loss of trees or other vegetation using satellite imagery before and/or after the fire, as well as do an onsite visit to inspect the damages.

Concerning personal property, a fire survivor may find themselves lost, or overwhelmed, with the amount of work it takes to create an inventory of what they owned, with values. We excel in helping our clients create the inventories, and obtain maximum value for their losses.

Insurance coverage is relevant in that typically an insurance company will demand the negligent utility company reimburse them for the amounts paid to you. This is called Subrogation. In our experience, there is usually a gap with real and personal property damages and the insurance coverage available, and that gap is recoverable to you from the utility company, along with any other damages you sustained. We usually see this occur in the evaluation of of personal property and tree/vegetation damages.

Renter Claims: Insured and Uninsured

In our experience, we often find that renters believe they are without options after a fire. That is absolutely not the case. First and foremost, if you owned personal property that was damaged in the fire, California law provides that you are entitled to recover for it. You may also recover any damages associated with your evacuation, the fear and anxiety experienced during your evacuation, and any costs incurred at the time of the fire and thereafter. We respect and enjoy fighting for renters who suffered losses,  and it is our absolute pleasure to help them recover.

Mental Anguish: Loss of Enjoyment, and Fear, Stress, and Anxiety Dealing With the Fire’s Aftermath

The shock and emergency of dealing with a wildfire often comes with severe emotional distress. California law has developed to allow both property owners and renters the ability to recover for the loss of mental anguish associated with the destruction of property. We excel in understanding what made your property unique, why you purchased it, and what made it special for you. Capturing that loss is something we can help to do, as well as assist in making sure that you get compensated for all the trauma that you have been forced to experience as a result of the wildfire.

Additionally, the law allows for the recovery for purely emotional distress associated with fearing for one’s life, or that of a family member, at the time of the fire. Scores of people were placed in harm’s way in the Kincade Fire. We take our time and invest in understanding our clients, and we demand accountability from the utility.

Compensation For Cherished Possessions: Family Heirlooms, Items That Can Never Be Replaced

Everyone has personal property that can never be replaced. Photographs, family heirlooms, and items that are one of a kind. Generally, insurance will only compensate a fire victim based on the replacement value of that item. However, California law provides that one may recover in a civil claim of this nature based on the value of what the item meant to the one who lost it. We excel in understanding what made your property unique, why it was one of a kind, and what made it special for you. Capturing that loss is not easy, and conveying it requires investing in our client’s personal situation. Our lawyers enjoy doing so, and we thrive at it.

Business Claims: Small Business and Corporate Entities

Several businesses were destroyed in the Kincade Fire. These losses are immediate and can be lingering for an untold period of time. We are uniquely situated to competently bring business cases and have successfully done so many times. The law continues to evolve in this regard, and we can enable your claim to fit within the scope of recovery provided for in this situation. In our experience, we’ve represented non-profits, minor operations, and million-dollar corporate entities as well as government entities.

Get Experienced and Compassionate Legal Guidance For Your Kincade Fire Lawsuit

We understand that to you, this not just a lawsuit. This is your life. When you are the victim of a devastating wildfire, you have many questions and may not know where to turn. If you have been seriously affected by the Kincade Fire contact our skilled Kincade Fire Lawsuit Attorneys and find out if you have a case. Our attorneys know how insurers approach a case, and how to get the maximum recovery for your losses. Contact our firm at (707) 234-8200 or contact us online to schedule a free consultation with an attorney experienced in fire injury litigation.