Wildfires in California have claimed hundreds of lives in recent years, many of them tragically preventable. When a loved one dies due to a wildfire—whether trapped by flames, overcome by smoke, or unable to escape during an evacuation—grieving families often ask: Can we take legal action?

California law allows certain family members to pursue a wrongful death claim if the fire was caused by negligence, recklessness, or misconduct. This blog explains how California’s wrongful death laws apply to wildfire victims, who can file, and what damages may be recovered.

What Is a Wrongful Death Claim?

Under California Code of Civil Procedure § 377.60, a wrongful death occurs when someone dies due to the wrongful act or neglect of another person or entity. This civil lawsuit allows surviving family members to seek financial compensation for the loss.

In the context of wildfires, wrongful death lawsuits are often brought against:

• Utility companies (e.g., PG&E) for electrical equipment failure
• Government agencies for failure to issue warnings or evacuation orders
• Contractors or landowners who failed to maintain vegetation or firebreaks

Who Can File a Wildfire Wrongful Death Lawsuit in California?

Not everyone can file a wrongful death lawsuit. California law gives priority to:

1. The deceased person's surviving spouse or domestic partner
2. Children of the deceased
3. Grandchildren (if the children are also deceased)

If none of the above are available, others who may be financially dependent on the deceased—such as stepchildren, parents, or putative spouses—may also qualify.

What Damages Can Be Recovered?

Wrongful death lawsuits are designed to compensate family members for both economic and non-economic losses, including:

• Funeral and burial costs
• Loss of financial support the deceased would have provided
• Loss of companionship, love, care, and guidance
• The value of household services the deceased would have contributed
• Emotional distress suffered as a result of the loss

In some cases—particularly when the wildfire was caused by corporate negligence—punitive damages may be awarded to punish the wrongdoer and deter future misconduct.

When Does a Wildfire Death Qualify for Legal Action?

To pursue a successful wrongful death claim, it must be shown that:

• The wildfire was caused by someone’s negligence or unlawful actions
• The victim died as a direct result of the fire or its consequences
• Eligible family members suffered a measurable loss as a result

For example, if a utility company failed to maintain its equipment and it sparked a blaze that caused evacuations and deaths, that may qualify as grounds for legal action.

Even indirect deaths—such as fatalities caused by delayed evacuation, medical complications, or smoke inhalation—may qualify if they can be linked to preventable negligence.

What Is the Deadline to File?

California’s statute of limitations for wrongful death lawsuits is generally two years from the date of death. However, if the case involves a government entity, a claim must often be filed within just six months under the California Tort Claims Act.

Missing the deadline could permanently bar your ability to file a claim, so it’s critical to act quickly.

Why These Claims Matter

No legal outcome can replace the loss of a loved one. But a wrongful death lawsuit can bring:

• Accountability for negligent corporations or agencies
• Financial support for the surviving family
• Closure through a public acknowledgment of the harm done

For many families, it’s not just about compensation—it’s about standing up for what was preventable and ensuring future tragedies are avoided.

Let Us Help You Understand Your Rights

If you lost a loved one in a California wildfire, you may be entitled to legal recourse. Whether your family was impacted by a fast-moving blaze, a delayed evacuation, or a utility-sparked firestorm, we’re here to help you understand your legal options.