The Schenk Law Firm understands the immense challenges that follow in the wake of devastating wildfires. Navigating insurance claims, legal disputes, and healthcare needs can be daunting and overwhelming. We’re here to help. Specializing in wildfire-related cases, we advocate for clients facing unfair insurance practices, ensuring they receive the compensation they deserve.

As President of the 22nd District Agricultural Association, Fred Schenk has played a major role by turning the Del Mar Fairgrounds into an evacuation site during the devastating wildfires of 2003, 2007, 2014 and 2017. Then and there, he teamed up with local firefighters to provide essential emergency services, shelter, equipment and a sanctuary for vulnerable communities, including over 2,300 horses and other large animals, including goats, pigs and llamas throughout San Diego County.

Our firm is committed to holding insurers accountable, especially in cases of bad faith, where claims are unjustly delayed, denied, or underpaid. We guide our clients through every step of the recovery process, providing the legal experience and support needed to rebuild their lives.

Why Choose The Schenk Law Firm?

Extensive Experience: Our attorneys have successfully represented countless wildfire victims, securing favorable outcomes and ensuring that justice is served. We have the experience needed to handle even the most complex utility line cases.

Personalized Attention: Each of our clients has a unique story to tell. Our job is to understand and tell it. You’re not just another case. We take the time to understand your story and craft a legal strategy that’s tailored to your specific needs. We stand with you every step of the way, providing the advocacy and support you need during this difficult time.

Comprehensive Investigations: When we take on your case, we begin by conducting thorough investigations to aggressively gather critical, relevant evidence including accident reports, witness statements, and analyses. This allows us to build a strong case and identify all liable parties, which can be used in negotiating a just settlement or while representing you in trial.

Relentless Advocacy: We relentlessly pursue justice for our clients. We will not rest until we have explored every reasonable avenue to maximize your compensation. Your recovery is our top priority, and we fight tirelessly to ensure your rights are protected. Our goal is to hold negligent parties accountable and secure the resources you need to recover for your losses.

No Upfront Fees: We believe that financial concerns should never prevent you from getting the legal help you need. That is why we work on a contingency fee basis. We take on all the upfront financial risks of litigation. You do not pay, and we are not compensated, until we recover for your losses, through either settlement or trial. This ensures that you can focus on your recovery without the burden of paying legal fees before your case is resolved.

California Wildfire Insurance Coverage

Many wildfire victims assume their losses will be covered by their homeowner’s insurance, but this isn’t always the case. Insurance companies may deny claims or offer settlements far below the value of the damages. Our attorneys can help you navigate these challenges by:

• Negotiating with Insurance Companies: We work to ensure that you receive fair compensation for your losses. If your claim is denied, we can help you pursue a bad faith insurance claim.
• Pursuing Additional Compensation: If your insurance coverage is insufficient, we explore other avenues for compensation, including claims against responsible parties for losses not covered by your policy, such as emotional distress and personal injuries.

California Wildfire Liability

Wildfires in California can arise from various causes, but when they are the result of negligence or recklessness, determining liability becomes crucial. Potentially liable parties may include:

• Utility Companies: Utility companies are often at the center of wildfire investigations, especially when faulty equipment, poor maintenance, or unsafe practices lead to sparks or electrical malfunctions that ignite fires. These companies have a duty to maintain their infrastructure safely and can be held accountable if their negligence causes a wildfire.
• Construction Companies: Construction sites are another potential source of wildfires, particularly when safety protocols are not followed. Activities such as welding, use of heavy machinery, or the improper disposal of flammable materials can lead to accidental fires. Construction companies are required to implement and enforce strict safety measures to prevent such incidents.
• Individuals: Individuals can be responsible for starting wildfires through careless actions like discarding cigarettes, using illegal fireworks, or engaging in unsafe campfire practices. Even a moment of negligence in these activities can have devastating consequences, and those responsible can be held liable for damages.
• Government Entities: Government agencies that manage public lands have a responsibility to maintain and mitigate wildfire risks. This includes controlled burns, maintaining firebreaks, and ensuring that public lands are not overgrown or vulnerable to fire. Failure to manage these responsibilities can result in liability if their negligence contributes to a wildfire’s spread or intensity.
• Manufacturers and Distributors: In some cases, manufacturers or distributors of equipment that contributes to starting a wildfire, such as faulty generators or malfunctioning power tools, can also be held liable if their products are found to be defective and cause a fire.

Wildfire Injuries and Damages

Wildfires cause widespread devastation, impacting victims on multiple levels. Common wildfire-related damages and injuries include:

• Property Losses: Homes, personal belongings, vehicles, and land are often completely destroyed, leaving victims with the financial burden of rebuilding, replacing, and restoring their property.
• Personal Injuries: Wildfires can result in severe injuries such as burns, smoke inhalation, respiratory issues, scarring, and permanent disabilities. Victims may require long-term medical care, surgeries, and rehabilitation.
• Emotional and Psychological Impact: Surviving a wildfire can have lasting emotional effects, including anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health challenges. The emotional toll of losing one’s home or loved ones can be overwhelming, requiring therapy and ongoing support.
• Financial Strain: The cost of medical treatments, property repairs, and lost income due to injuries can place victims under significant financial stress. Insurance coverage may not fully compensate for all losses, leaving many struggling to recover financially.
• Environmental and Ecological Damage: Wildfires not only affect individuals but also devastate local ecosystems, destroying wildlife habitats, reducing air quality, and leading to soil erosion and water contamination. These environmental impacts can have long-term consequences for communities and the surrounding natural areas.

Steps to Take After a Wildfire 

Taking the right steps after experiencing a utility line incident can significantly impact the outcome of your claim:

• Ensure Safety: Evacuate the area immediately if you are in danger. Prioritize your safety and the safety of your loved ones above all else.
• Document the Damage: Once it is safe to do so, take photos or videos of the damage to your property, including your home, vehicles, and any other belongings affected by the wildfire. Detailed documentation is crucial for your claim.
• Report the Loss: Contact your insurance company as soon as possible to report the damage. Provide them with the documentation you’ve gathered, but avoid giving detailed statements until you’ve consulted with a lawyer.
• Keep All Receipts: Retain receipts for any expenses incurred due to the wildfire, such as temporary housing, repairs, and replacement items. These can be included in your claim.
• Avoid Speaking with Responsible Parties: If the wildfire was caused by negligence (e.g., by a utility company), refrain from discussing the incident with their representatives or insurance companies without legal advice. Anything you say could be misrepresented by the insurance carrier.
• Contact The Schenk Law Firm: Promptly reach out to our experienced utility line trial attorneys to discuss your case and explore your legal options. Depending on your individual circumstances, California law may limit the amount of time you have to file a claim or lawsuit.

Fatal Wildfire Injuries in California

Wildfires can have devastating consequences, including the tragic loss of life. If you have lost a loved one due to a wildfire, you may be entitled to pursue a wrongful death claim to seek justice and compensation. This compensation can cover:

• Loss of Financial Support: Compensation for the income and financial benefits the deceased would have provided to the family over their lifetime, including future earnings and retirement benefits.
• Funeral and Burial Expenses: Coverage for all costs related to funeral services, burial, cremation, and associated expenses.
• Loss of Companionship: Damages for the emotional and psychological impact of losing a loved one, including the loss of their presence, guidance, and emotional support.
• Loss of Consortium: Compensation for the loss of the deceased’s companionship, affection, and partnership, particularly in the context of marital relationships, including the loss of intimacy and shared life experiences.
• Emotional Distress and Mental Anguish: Compensation for the profound emotional suffering, including grief, sorrow, and the mental toll that the sudden loss of a loved one imposes on surviving family members.
• Loss of Household Services: Compensation for the value of services the deceased provided, such as childcare, maintenance, and other contributions to household management that now need to be replaced or managed differently.

How The Schenk Law Firm Can Help

Our team of experienced utility line defect attorneys is committed to providing comprehensive legal support to victims and their families. We understand the complex nature of utility line defects and work tirelessly to ensure that our clients receive the maximum compensation possible for their losses.

Insurance Company Negotiations

Dealing with insurance companies can be one of the most challenging aspects of a wildfire claim. Insurance issues are among the most common frustrations, as policyholders often face difficulties in obtaining the compensation they deserve due to conflicts with insurers. Many encounter lower claim settlement offers than expected, which can be both frustrating and confusing.

• Insurance adjusters often aim to minimize payouts, offering settlements far below what you are entitled to.
• While insurers are legally required to process claims honestly and in good faith, they may send investigators and adjusters to uncover details that justify lowering claim amounts.
• It then falls on the policyholder to justify their claimed amount and ensure the insurance policy is correctly interpreted.

The Schenk Law Firm takes on the burden of negotiating with insurance companies on your behalf. With decades of experience, our attorneys meticulously calculate the full value of your claim, ensuring that you only accept a settlement that fairly compensates you for your injuries and losses.

Seeking Justice and Compensation

No amount of money can ever truly compensate for the loss and devastation caused by a wildfire. However, pursuing legal action can offer financial relief and a sense of justice for you and your loved ones. The Schenk Law Firm is committed to guiding you through this challenging process with compassion and experience, ensuring that you receive the compensation you deserve.

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