Bringing a Wrongful Death Claim for the 2018 Camp Fire: How Long Do We Have?
Several months have now passed since one of the most devastating wildfires across California. The Camp Fire, which took place in November 2018, took the lives of at least 86 people during an incident that many people have called ‘preventable’ in nature. Many of those who have lost their lives were elderly, those who had no idea that the fire even started in the first place and was wreaking havoc across the entire town of Paradise. According to research and many lists full of names of those who have lost their lives in this horrific incident, most of the lives taken were those who were in their 70s, 80s, and 90s.
This fire has decidedly become one of the deadliest and most destructive, as well as costly, wildfires in all of California history. Tens of thousands of homes have been taken from those who lived in these areas, thousands have been injured, and just under 100 lost their lives. Family members wonder how they can move forward with a case after having to say goodbye to a loved one due to the negligence of PG&E.
At this point in time, PG&E is at the center of many lawsuits brought by those who have received some of the heftiest damages. In fact, PG&E is facing about $30 billion in fire liability, according to recent sources. This does not even include penalties, fines, or the punitive damages that can be brought by those who have suffered some of the worst damages imaginable. Because of this and the unimaginable devastation that the company has likely caused, the company is choosing to consider bankruptcy protection, which has already started and is in the works.
If you are interested in bringing a wrongful death claim because you have lost somebody close to you in the 2018 Camp Fire, you might have questions for us. One of the most obvious might be, “Do I have time to bring my claim?”
How Long You Have to File
The Camp Fire now happened several months ago, which means that you might be concerned about the length of time it takes to bring these claims and if time has run out in your case. Many people feel as if they are walking through molasses during these difficult times, as you might have to wait to bring a wrongful death claim in the first place and, in the meantime, the bills continue to pile up against you. Working through the emotions and finances following the loss of a loved one might be one of the most difficult things that you have ever had to endure. After you have taken the time to deal with the aftermath of an accident and focus primarily on how you will move forward with your claim and have a grip on your finances, it might be time to get the ball rolling with the help of an experienced attorney.
Every state has different guidelines in reference to wildfire wrongful deaths. In California, the statute of limitations on bringing a wrongful death claim is two years from the date of your loved one’s death. This means that, if they spent time in the hospital, you won’t have to start filing your claim until the moment you find out they have lost their life. However, if you wait to bring your claim and do not file within the guidelines of two years, you will almost certainly lose the right to receive damages. This means that, if medical bills were incurred or you had to pay for funeral costs on behalf of your loved one, you will not be compensated for them and will be barred from bringing any type of claim.
Many people might be concerned about their right to bring a wrongful death claim if their loved one has not yet been identified but they have a notion that their loved one has been killed in all of the destruction left behind in Paradise. The clock won’t stop ticking away on your claim until your loved one has been successfully identified. We are sorry for those who have lost a loved one in these accidents and offer them hope at this time when it comes to wrongful death claims and a right to recovery.
Can I File?
Another one of the biggest questions that many people have in the midst of their wrongful death claim is, “Who can file these types of claims?” Many people assume that, if they were close to a loved one, they will be able to move forward with a lawsuit. However, the courts will question whether or not you have actually suffered damages if you are, say, a family friend instead of a family member. You might be feeling lost and saddened by the loss of a loved one, but those who are not related might not be suffering any financial impacts due to these losses.
Only certain parties are seen as those who are able to bring a wrongful death claim on behalf of a loved one such as surviving spouses, domestic partners, surviving children, and another personal representative of the loved one’s estate. When it comes to your claim, you don’t want any last-minute confusion in filing as you work toward the compensation you and your loved ones deserve after these traumatic times. This is why it is vital to speak with an attorney about your case immediately.
At Brady Law Group, we understand the importance of you and your loved ones being able to receive the compensation you deserve when you need it most. Our wildfire accident attorneys understand that some aspects of these cases can be extremely complex and difficult for you to understand on your own. We have experience in these cases and know the laws that apply to your case so that you can move forward in the most positive fashion. From those who are filing claims because they have been injured to those who want to move forward with a wrongful death lawsuit following the Wild Fire, it is important to turn to help you deserve and can rely on. Contact us for more information in the midst of your claim at (866) 478-6483.
