Q&A: Sokolove Law Attorney on Utility Company Negligence in Wildfire Lawsuits

As wildfires across the country continue to grow more frequent and destructive, victims are learning that downed power lines, faulty equipment, and deferred maintenance are often the cause.

In some cases, those affected may be able to hold negligent utility companies accountable in civil court by filing a wildfire lawsuit.

Ricky LeBlanc, Managing Attorney at Sokolove Law, has more than 35 years of experience fighting for families harmed by corporate negligence — including those impacted by utility-caused wildfires.

We spoke to him about the process of suing a utility company for a wildfire, how a lawsuit differs from an insurance claim, and what victims can expect if they decide to pursue legal action.

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Q: What does “negligence” mean in a wildfire case, and how do you prove a utility company was negligent?

A: There are three things we need to prove in order to show negligence in a wildfire lawsuit. First, it’s that the utility company had a duty of care or an obligation to maintain their equipment in a way that wouldn’t endanger the public.

Second, that they breached this duty, meaning they didn’t do what they were supposed to do, or did something improperly. And third, that as a result of that breach, you suffered harm, whether that’s to your home, your property, or your business.

When we investigate a wildfire case, we look at things like: Did the utility company maintain their power lines properly or clear vegetation that was too close to equipment? Did they have advance warning of high winds and fail to shut off power when they should have?

To prove these things, we bring in experts like fire investigators, engineers, or arborists who can review the company’s records and physical evidence from the fire to determine the exact cause.

Q: If I’ve already filed an insurance claim for my losses, why would I also file a lawsuit against the utility company?

A: I get this question a lot, and it’s a fair one. Your insurance claim and a wildfire lawsuit are two completely separate things, and frankly, they serve two different purposes.

Your insurance policy will pay out based on what you’re covered for, and that’s often capped, whether that’s your dwelling coverage, your personal property limits, or your additional living expenses. It was never designed to make you fully whole for everything a wildfire took from you.

A wildfire lawsuit against a utility company is about holding them responsible for the full extent of your losses. That can include things your insurance doesn’t cover, like the emotional toll, the value of belongings that were underinsured, the diminished value of your property, and even punitive damages in cases where the utility’s conduct was particularly reckless.

So even if your insurance claim has already been paid out or is currently being processed, that doesn’t mean the utility company gets to walk away from what they did. I’d encourage anyone in that position to call us so we can look at their options together.

Q: Doesn’t my insurance company go after the utility company on their own? Why does it matter if I file separately?

A: Your insurance company can pursue what’s called subrogation, meaning after they pay you, they can try to recover money from the utility company.

But this process is about the insurance company getting their money back, not about you getting fully compensated. You won’t get extra compensation for underinsured losses, pain and suffering, or disruption to your life.

Your insurance company’s interests and your interests aren’t the same thing here, even though it might feel like they’re on your side in this fight.

That’s why it matters to file your own wildfire lawsuit separately, with your own attorney representing you. That way, you can get more fully compensated.

Q: What kind of evidence would I need to show that a utility company caused a wildfire?

A: People often ask me what evidence they need to bring to us, and my answer here is that gathering that evidence is our job, not yours. That should never be the reason you hold off calling, but let me walk you through what we’re generally looking for.

The first pieces are origin and cause — where did the fire actually start, and was there utility equipment at or near that location? Fire investigators will typically issue reports on this. We also look at the utility company’s maintenance and inspection records, weather and wind data from the time of the fire, any red flag warnings that were issued, and if the company had an emergency shutoff protocol in place.

What’s helpful from you, if you have it, is anything documenting your own losses — photos of your property before and after, receipts, insurance claims, and a general timeline of what happened to you and your family. But again, even if you don’t have all of that organized, that shouldn’t stop you from reaching out.

Q: What can victims actually recover in a wildfire lawsuit against a utility company?

A: This is multi-layered, so let me break it down. First, there’s the property side, like the value of your home, your belongings, any structures on your land, and the cost of rebuilding or replacing what you lost.

Second, there’s the economic side — lost wages if you couldn’t work, losses if you owned a business that was damaged or destroyed, and the cost of temporary housing.
Then there’s the harder-to-quantify losses, and frankly, these matter just as much. Pain and suffering, emotional distress, medical expenses, and in the worst circumstances, damages tied to the wrongful death of a family member.
What I always tell folks is that every family’s situation is different, so the value of every claim will be different too. Some people lost a home. Some people lost a business. Some people lost both, plus years of memories that can’t be replaced with a check. All of those factors get weighed when we’re building your case.

Q: What factors affect wildfire lawsuit settlement amounts?

A: There’s no single average in these cases, because settlement amounts depend heavily on the specifics of each case. But what I can do is walk you through the factors that typically drive a wildfire settlement.

The first is the extent of your actual losses, like your home, your property, your business, medical bills if you were injured, and any lost income.

The second factor is the strength of the evidence tying the utility company’s conduct to the fire. If the investigation shows their equipment failed, or that maintenance fell short of what was required, that strengthens your position significantly.

We also look at whether the utility has the financial ability to pay. Some of these cases involve large, well-resourced companies, and that matters when it comes to what’s actually recoverable.

Timing matters too. The earlier you reach out to a wildfire lawyer, the better positioned you are, especially if there’s a broader case or a fund being set up for wildfire victims.

But more important than any number I could throw out today is making sure your specific losses are properly documented and presented. That’s what actually drives the value of your case, and that’s the work we do once you call.

Q: How long do I have to file a wildfire lawsuit against a utility company?

A: The answer is not a simple one, except to say there is a deadline for everyone. Every state has its own statute of limitations, or a legal deadline for filing your claim. These vary, and in some places that window can be shorter than people expect.

What people often don’t realize is that missing this deadline doesn’t just make things harder. It means you are forever barred from bringing your claim. You get nothing, no matter how strong your case might have been. That’s not a risk worth taking, and it’s not something you want to find out about after the fact.

So please don’t wait, and don’t assume you have more time than you actually do. The only way to know for certain where you stand is to call an attorney who handles these cases and let them determine exactly where your deadline falls.

Q: Can I still file a wildfire lawsuit even if I didn’t lose everything I own in a wildfire?

A: Absolutely. This is a misconception I run into a lot — people think that unless their home burned to the ground, they don’t have a case worth pursuing. That’s simply not true.

If you suffered any damage or loss as a result of a utility-caused wildfire, whether that’s smoke damage, partial property damage, evacuation costs, or lost income from being displaced, you may have a claim.

Every family’s damages look different. Some people lost everything. Others lost a portion of their property or had to evacuate for weeks and incur costs they never anticipated. All of that is still a real loss caused by someone else’s negligence.

If you were affected by a wildfire in any way, reach out to us. We’ll look at the specific facts of your situation and help you understand what you may be entitled to. Don’t count yourself out before you’ve even had the conversation.

Q: How much does it cost to hire a wildfire attorney?

A: Cases like this are handled on a contingency-fee basis, which means it costs you nothing upfront. You don’t pay us anything unless we recover money for you. And if we don’t win, you don’t owe us a thing.

Costs throughout the entire legal process, like gathering records, hiring fire experts, filing the lawsuit, and negotiating with the utility company, are fronted by us, not by you.

I don’t want finances to ever prevent families from coming forward after a wildfire. You’ve already lost enough. The last thing you should be worrying about is whether you can afford a lawyer.

If we do recover on your behalf, our fee comes out of that recovery as a percentage, and that’s laid out clearly with you from the start. But the bottom line is that this is a no-risk situation for you and your family. Don’t let cost be the barrier that keeps you from picking up the phone.

Q: What should someone expect once they reach out to Sokolove Law about a utility-caused wildfire?

A: Once you reach out to us for a free case review, you’ll speak with a case manager who has experience working with folks who’ve been in your situation. You’ll answer a few questions about what happened, what you lost, and what your concerns are, and we’ll walk through your potential options.

From there, if it looks like you have a case, our wildfire lawyers take over. We investigate the fire’s cause, gather evidence, review your insurance situation, and bring in experts needed to establish that a utility company’s negligence caused your losses.

That’s the heavy lifting, and it’s on us, not you. You’ll be kept informed along the way, but your focus should be on rebuilding your life, not managing a lawsuit.

The sooner you call, the better positioned you are. Evidence and records can disappear over time, and there may be deadlines you’re not even aware of yet. So don’t wait to see how things play out. Reach out to us now, and let us start working on your behalf right away.

Get Help Filing a Wildfire Lawsuit

Negligent utility companies deserve to be held accountable if they are responsible for a wildfire that caused property damage or personal injuries. Asking questions and getting clarity about wildfire lawsuits is a great first step.

Ricky LeBlanc and the team at Sokolove Law have spent decades helping victims of corporate negligence seek meaningful compensation, so don’t hesitate to reach out if you’re interested in seeking wildfire compensation.

Call (866) 866-0753 now or fill out our form to find out if you may be eligible to file a wildfire lawsuit. Our team is here to listen and help you understand your options.