Disaster Litigation News & Legal Analysis
The latest disaster litigation news, case analysis, and legal developments from The Trial Attorneys.
Appellate Court Vacates Liability Judgement for Wildfire Victims and Sends Oregon Wildfire Case Back To Trial Court
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What Is Disaster Litigation?
Disaster litigation covers legal claims that arise when natural or man-made disasters cause injury, death, or property damage, and when those disasters were made worse by someone’s negligence. The disaster itself may be an act of nature. The negligence that causes or amplifies it is not.
Common sources of disaster liability include:
- Utility company equipment starting wildfires
- Inadequate infrastructure failing during storms or floods
- Developer negligence in flood-prone or fire-prone areas
- Industrial accidents affecting surrounding communities
- Building collapses from deferred maintenance
Disaster cases present unique challenges. Evidence can be destroyed by the disaster itself. Insurance companies move quickly to limit payouts. Statutes of limitations still apply even when communities are in crisis.
Acting quickly to preserve evidence and consult legal counsel is critical after any disaster. Many disaster cases are consolidated into class actions or MDLs, which have their own filing timelines.
Frequently Asked Questions
Can I sue after a natural disaster?
Natural disasters themselves are typically considered acts of God. But the negligence that causes or worsens them is not. If a utility company's equipment started a wildfire, a developer built in a flood zone without adequate disclosure, or a government agency failed to maintain infrastructure that failed during a storm, legal liability may exist.
What if a utility company caused a wildfire?
Utility companies have been held liable for wildfires caused by their equipment, including power lines, transformers, and maintenance failures. These cases often involve thousands of plaintiffs and result in massive settlements. PacifiCorp, PG&E, and other utilities have faced significant wildfire liability in recent years.
Should I accept my insurance company's settlement after a disaster?
Not without consulting an attorney first. Insurance companies are motivated to settle claims quickly and for as little as possible. An attorney can evaluate whether the offer fairly compensates you for your losses, including losses you may not yet know about such as long-term health effects from smoke or chemical exposure.
What damages can disaster victims recover?
Depending on the circumstances, disaster victims may be able to recover property damage, medical expenses, lost income, emotional distress, loss of use of property, evacuation costs, and in cases involving egregious negligence, punitive damages. Wrongful death claims are available for the families of those who died.
How long do I have to file a disaster claim?
Statutes of limitations vary by state and by the type of claim. In disaster cases, evidence preservation is urgent. Many disaster lawsuits are consolidated into class actions or MDLs, which have their own filing deadlines. Consult an attorney as soon as possible.
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Were You Affected by a Disaster?
Disaster victims deserve real compensation, not a quick insurance settlement. The Trial Attorneys connects you with attorneys who handle disaster litigation and fight for full recovery.