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Eaton Fire claim eligibility

California witnessed two of the deadliest fires in the state on January 7, 2025: the Eaton Fire and the Palisades Fire. The Eaton Fire started at 6:20 pm in the Eaton Canyon area of the San Gabriel Mountains, just eight hours after the Palisades Fire began.

According to a report by the Insurance Institute for Business & Home Safety (IIBHS), the fire grew explosively and reached over 10,000 acres in just 16 hours. By the time firefighters had contained the fire on February 20, the Eaton Fire had burned over 14,000 acres, destroyed nearly 9,500 structures, and caused 18 deaths.

Most of the damage (96%) was made in the first 24 hours of the fire, and timely evacuation orders were crucial. NBC News reported that 17 of the 18 people who lost their lives were from areas where evacuation orders arrived several hours late. Some residents received it at 3:25 am on January 8, and some even as late as 5:42 am.

Key impacted areas of the Eaton Fire:

  • Eaton Canyon, San Gabriel Mountains
  • Altadena and Pasadena communities
  • North Lake Avenue business district, including Altadena Hardware, Fox’s Restaurant, and Rancho
  • Community and religious centers, including Pasadena Jewish Temple and Center and Saint Mark Episcopal Church
  • Parks and landmarks, including the Charles S. Farnsworth buildings

What caused the Eaton Fire

Weather conditions were volatile on the day of the Eaton Fire. Peak wind gusts were over 60 mph, and the relative humidity dropped to around 10%. The Santa Ana winds and the extremely dry conditions made the area vulnerable to fire, but early reports indicate something else may have sparked the fire.

The fire started in a wooded area just west of Altadena in Eaton Canyon, where the power utility company Southern California Edison (SCE) operated four active power lines. Lawsuits against the utility and other defendants are now piling up, and plaintiffs are making their moves to preserve as much evidence as possible. If you are one of the victims of the Eaton Fire, we can connect you with an attorney to guide you in filing a lawsuit against power companies, public utilities, and insurers for damages you suffered from the fire, the evacuation, and the recovery.

Eaton fire victims file lawsuits against utilities and insurer

Lawsuit against utility company Southern California Edison

On March 5, 2025, Los Angeles County filed a lawsuit against Southern California Edison (SCE) and its parent company, Edison International, for damages incurred by the county from the Eaton Fire. The complaint alleged that the fire started under SCE’s power lines in Eaton Canyon and that the damage could reach hundreds of millions of dollars.

Hundreds of fire victims have also filed individual lawsuits. A hearing was held at the Los Angeles Superior Courtroom on March 17 to discuss the logistics of the Eaton Fire lawsuits against Southern California Edison. Judge Laura Seigle presided over the hearing, which involved more than 130 lawsuits involving individuals, insurers, public entities, and class actions.

Lawsuit against last-resort insurer California Fair Plan

Several homeowners have also filed individual lawsuits against the California FAIR Plan, a critical insurance program known as a "last resort" for residents in high-risk areas who cannot get traditional insurance. The complaint alleged that the FAIR plan refused to pay for home cleanups and denied smoke damage claims. The California FAIR Plan had been previously reported to dismiss smoke and ash damages as “non-permanent” damages, even when it left the homes uninhabitable.

How to file an Eaton Fire claim: eligibility and requirements

You may be eligible to file a claim if you have suffered injuries or lost a family member to the Eaton Fire. You may also file claims for loss or damage to the following:

  • residence or rental unit
  • business premises
  • personal belongings and valuables
  • vehicles
  • pets or service animals
  • livestock
  • agricultural or residential lands

Steps to ensure a smooth Eaton Fire claim process

1. Document the extent of the damages, including hidden damages caused by water, smoke, and ash.

  • Keep a list of all the properties and items affected, along with photos and videos.
  • If you have witnessed or photographed evidence related to the start of the fire, secure the documentation.

2. Notify your insurance provider as soon as you can.

3. Track every expense incurred during evacuation and after recovery. Keep the receipts, especially of the following:

  • Temporary lodging
  • Meals
  • Costs incurred when you evacuated
  • Lost business income or wages

4. Keep all records of communication.

  • Save a copy of all warnings, emails, texts, and letters received from the LA officials, insurance companies, investigators, and adjusters.

5. Seek a personal injury or wrongful death attorney to help you file a wildfire claim.

  • Ataxia Law can help you by evaluating your case and connecting you with the best attorney fit to handle your situation.

Protect yourself from insurance bad faith

Filing wildfire insurance claims can be difficult, especially with alarming reports coming in about the California FAIR Plan that covers many residents in the areas affected by the Eaton Fire. The FAIR Plan received criticism for the following:

  • Denying claims for smoke and ash damages
  • Delaying home inspections
  • Refusing to cover all repair costs
  • Misclassifying fire-related damage as non-permanent

The California Insurance Commissioner also released a bulletin reminding insurers to uphold policyholder rights and to combat misinformation. Some adjusters had told residents that they couldn’t receive full benefits or receive building code upgrade costs if they relocated. 

In rebuilding your home after one of the deadliest wildfires in the country, you should get maximum support from insurers and maximum compensation from companies involved in sparking the fire. Protect yourself from insurance bad faith. With Atraxia Law, you can get a free evaluation of your case, and we can connect you with an attorney to help you negotiate with insurers.

How much compensation can you get for the Eaton Fire damages

By January 21, 2025, the California FAIR Plan was expected to pay more than $900 million for more than 4,400 wildfire claims. Potential compensation depends on the extent of your losses, and this should include the following:

  • wrongful death
  • medical expenses and treatment for personal injury
  • emotional distress
  • loss of crops
  • business loss
  • lost wages
  • evacuation costs (including temporary housing)
  • land value depreciation
  • harm to pets or livestock
  • damage to trees, underwood, or timber
  • the expenses incurred to repair your home (including smoke and ash damages)
  • additional living expenses if the home remains uninhabitable

Eaton Fire claims statute of limitations

There are deadlines for filing claims and lawsuits, which can vary depending on insurers and state laws. Typically, you would have one (1) year to file an insurance claim, but the actual time period ranges from 30 days to two years to file an insurance claim. In California, according to the California Department of Insurance, you have less than 24 months to file Additional Living Expenses (ALE) claims. These deadlines may change based on other factors, like having a declaration of State of Emergency for a disaster.

These are the deadlines for filing different types of lawsuits under California law:

  • Personal injury. File within two (2) years from the date the injury (or death of a family member) occurred.
  • Property damage. File within three (3) years from the date the damage occurred.
  • California government actor. File a written notice within six (6) months of the injury before filing a lawsuit.
  • Federal government actor. File a pre-litigation claim, then file a lawsuit under the Federal Torts Claim Act within two (2) years of the incident.

Atraxia Law can help you in filing your Eaton Fire claim

If you are one of the victims of this devastating fire, you need the best support alongside you in all aspects of recovery. From documenting evidence and filing claims or lawsuits, having a competent attorney is ideal to get you the maximum compensation possible towards rebuilding and recovery. Contact Atraxia Law for a free evaluation of your case, and we will connect you to a lawyer.

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