Lawsuits
So you might sue Edison
Many Eaton Fire survivors are under or uninsured, so the prospect of a payout from SCE means you stand a chance at being made whole. Sadly, there are a ton of lawyers vying for our business who aren’t qualified for this job. Technically a foot doctor and a heart surgeon are both doctors, but you wouldn’t hire the foot specialist to operate on your heart, right?
So let’s talk about finding counsel.
This information has been checked for accuracy and non-bias by licensed attorneys, previous wildfire litigants, and National experts from registered 501c3’s. It is NOT legal advice. We are not lawyers. Consult with an attorney about deadlines to sign up and your specific situation.
There are so many factors that go into what makes a lawyer right for you.
We find it helpful to work by process of elimination. You’ll want:
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This will be a long relationship, and one that will deeply impact your life. Be absolutely sure you feel like you can trust that what your attorney is telling you is true, that they treat you with respect, and that they will make time for your queries and concerns.
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Wildfire litigation is as specialized as a type of surgery. You want to weed out any lawyers or firms who have not specifically represented individual claimants in previous wildfire cases. At best, you’ll hire a firm that has represented individuals in the Woolsey fires, because they will know the judges and systems in Los Angeles.
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You’ll want to make sure an attorney you are considering has no disciplinary actions against them by the California bar, that they are licensed to practice in California, and that previous clients haven’t sued or filed complaints against them for improper behavior or not receiving their settlement funds.
Always Check Their Reviews
Before spending time in a meeting with a lawyer, put the internet to work for you. A great, simple way of finding out if previous clients still like a firm once the case is settled is by looking at whether any complaints have been filed against them or reviews from previous wildfire clients have been left, stating things about not receiving settlement funds, or not being able to reach their attorneys after signing, etc. Google the firm and lawyer’s name with the words “complaints and reviews.” You will also see if any previous clients have sued them for anything. Avvo is another great tool to research lawyers.
Always Check Their Disciplinary History
To get a sense of how a lawyer has behaved in past cases, and see if they are currently allowed to practice, you can look up their record with the CA bar here. Type in the attorney’s name then click on it and it will bring up their history.
Ideally, you would work with an attorney with no disciplinary actions against them.
If the firm or lawyer passes the smell test, then here’s the most important takeaway from the experts and survivors we spoke to:
Only hire a firm with wildfire experience.
A wildfire lawsuit is extremely nuanced and complex, and someone with differing expertise may miss critical things in your case.
Here’s how you check whether their claims of experience are true
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Tip 01.
Their website should list specific cases, with named settlements or verdict amounts. If they only say “millions” (or “billions”) recovered, but don’t list a single case or settlement, they may be exaggerating their expertise.
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Tip 02.
Their website should list specific cases, with named settlements or verdict amounts. If they only say “millions” (or “billions”) recovered, but don’t list a single case or settlement, they may be exaggerating their expertise.
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Tip 03.
If you’re unsure or confused by long pieces of text, you can use CHatGPT or Google Gemini to translate*. A prompt some have found helpful is “read this and tell me if this firm is asserting they represented individual plaintiffs in this case”, followed by a copy and paste of the text on the firm’s website.
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Tip 04.
If it’s still unclear, you can ask the firm for Proof of Settlements. If they dodge the question or won’t name a specific settlement, that’s a red flag.
*AI makes mistakes, so you should only use this as a general directional guideline. Think of it as a weathervane - it’s not exact, but it can point you toward areas where you should dig a little deeper.
FYI
Things to look for in a lawyer
Experts advise hiring a firm with extensive experience, specifically in wildfire litigation. Again, a wildfire lawsuit is extremely nuanced and complex, and a personal injury lawyer or someone with differing expertise may miss critical things in your case.
Keep in mind that the lawyer whose name is on the masthead may not be the lawyer you work with most directly. The lawyer preparing your specific claim and answering your questions is one of the most important relationships you’ll have in the case. If they aren’t attentive to detail, experienced in wildfires, or know your individual situation, they might not prepare the best case for you, and the damages (compensation) you receive from the case could be less because of it.
They shouldn’t be overloaded. Ask how many cases (besides the Eaton fire cases) their firm handles, and ask how many Eaton cases they plan to take on. You don’t want a firm that will sign you up and then send you to someone else. Sometimes, the more overloaded they are, the less individual attention you may get. Don’t go with a case farm.
Some firms will help you navigate your insurance. It is sometimes baked into a wildfire attorney’s services that their office helps you navigate your insurance process. Always ask what their “scope of services” is.
“Fees” and “costs” are different things in legal speak. Lawyers in wildfire cases usually charge a “contingency fee”— that is the amount you will pay them if there is a settlement. “Costs” are amounts they may spend to put your case together, like hiring experts to support your case. When lawyers say they have a lot of “experts,” just remember those experts aren’t free.
You should not be charged hourly for attorney time on this case. You should also not pay out of pocket for most expert costs.
YOU HAVE TO TRUST THEM. If a lawyer gives you the ick or tries to upsell you, run. Trust your gut. This is a company you’re going to be dealing with for the next few years. If it feels like you’re being sold a used car, keep it moving.
You should not have to sign something before a lawyer will talk to you. Some law firms have an “intake” person who is not a lawyer. If you must sign something before a lawyer will talk to you one-on-one, know there are other options.Click either “business name” or “personnel name”. Enter the name of the person or company you are exploring working with.
“What fee is normal?”
It depends on the firm.
Each firm is different, but know that many excellent LA firms with specific wildfire experience are taking 25% plus case costs.
Things to have them explain to you:
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Tip 01.
Before you meet with a prospective lawyer, research some of the following topics. Then, ask the lawyer to explain the topics to you and gauge whether you like how they do it. They’ll have to explain a lot over the course of the case, so be sure your communication styles are aligned.
Some Specifics to ask about:
• What is your fee? What are case costs? How much are those costs?
• Are you the lawyer who I will talk to when I call the firm? If not, who will I talk to?
• Which lawyers will decide what my damages are and the amounts to ask for?
• Does your firm work alone on these cases, or do you have a co-counsel?
• How many lawyers are a part of your team?
• Can you help me prepare my personal property/home contents list?
• Has your co-counsel worked on fire cases before? Which ones? In what capacity?
• Which lawyer is in charge of my case? What about working up damages if there is a mediation?
• How many Eaton fire cases does your firm plan to take?
• Where are you licensed?
• What if I have questions about my insurance? What if I have questions about my lawsuit? Who will answer these?
• How many other cases do you have besides the Eaton fire case?
Some wildfire lawyers we think are worth looking into*:
You’ll want to meet with them and ask them all the above questions and go with someone you feel good about.
*These are NOT recommendations that you hire these firms over any other. The choice of law firm is entirely up to your discretion. This is simply a list of lawyers who are confirmed to have worked on the Woolsey Fires who secured settlements for individual plaintiffs, and who, do not have disciplinary actions or complaints against them as far as we can see.
Ask previous litigants
A great way to get a read on a firm that you’re considering is to ask people who were recently in your shoes. Wildfire survivors tend to bond together and want to help the next person going through it, so you’ll find they are ready and willing to share their experience, with honesty and transparency.
Click below for a survivor’s only Facebook group which you can join to connect with others and get first hand information.
The opinions of anyone in this group are their own, and should not be taken as legal advice, nor the opinions of PostFire.