What is the statute of limitations to file a wildfire claim?

If your home or your health was damaged by a wildfire, it is best to take legal action as soon as possible. Filing wildfire claims has a statute of limitations. The statute of limitations begins the moment you experience losses or injuries caused by a wildfire. Only a specialized attorney can tell you with certainty what the statute of limitations is in your state and your situation.

Wildfire insurance claims statute of limitations

Depending on your state and your insurance policy, you may have 30 days to two years to file an insurance claim. In California, where some of the deadliest fires like the Eaton Fire and the Palisades Fire happened in January 2025, wildfire victims usually have one year to file an insurance claim. The time limits for filing may be extended depending on circumstances, especially if the state declared a state of emergency during the crisis.

Wildfire lawsuits statute of limitations 

When it comes to wildfire lawsuits, the time limits are more complicated. The general timeline for filing typically follows the deadlines below:

• Personal injury: You have to file within two years from the date of injury (or death of a family member).
• Property damage: You have to file within three years from the day the damage occurred.
• Government actor (state): The statute of limitations depends on the state. In California, you have up to six months from the date of injury. However, you are required to file a written claim before filing a lawsuit. We encourage you to seek a wildfire claims attorney to navigate these requirements and deadlines.
• Government actor under the Federal Torts Claim Act: You must file within two years from the date of the incident, but a pre-litigation claim must be filed before.

Victims of wildfires are encouraged to seek legal assistance, as you might be eligible to file a wildfire claim with your insurance company and the companies or utilities responsible for the fire, if there is one.

We can efficiently help you file your wildfire claim

Atraxia Law has over 35 years of experience in assessing personal injury claims. Our team of professionals has the necessary knowledge, skills, and resources to help you find out whether you are eligible to file a wildfire claim. The process is very simple and requires minimal involvement from you. We will only request evidence of the damage the wildfire caused. If we deem you eligible, we will put you in touch with a reliable attorney.