Wildfire Smoke Lawsuits: Can You Get Compensation for Air Pollution Illness?

Compensation through legal action may be available if you have been affected by wildfire smoke, depending on causation, liability, and applicable law. It can turn on key factors, including who caused the fire, what harm occurred, and how quickly you act.

Contact a personal injury lawyer in your area who can explain your legal options based on your situation.

Health Issues Caused by Wildfire Smoke

Wildfire smoke can travel hundreds of miles and affect the air quality in communities far from the flames. Millions of people breathe hazardous air each fire season, even in states without any active fires.

There are a myriad of health risks associated with wildfire smoke:

• Respiratory illnesses. When individuals are exposed to wildfires, they can experience asthma flare-ups, bronchitis, reduced lung function, and worsening of COPD. The culprit behind increased respiratory issues is fine particulate matter (PM2.5) that penetrates deep into the lungs.
• Cardiovascular effects. Wildfire smoke can also lead to increased risk of heart attack, stroke, and irregular heartbeat during heavy smoke events. Those with existing heart disease or other heart conditions are especially vulnerable to the negative cardiovascular effects that come from smoke inhalation.
• Other health impacts. Air pollutants and smoke inhalation can cause several other health issues such as eye and throat irritation, headaches, fatigue, increased hospitalization, and premature death in some populations.

Numerous studies have confirmed that PM2.5 exposure is a serious public health issue exacerbated by wildfire smoke.

Hurt in an Accident?

Have you been injured by someone's actions? Find an experienced personal injury attorney in your area with Super Lawyers and seek the compensation you deserve.

Find a lawyer today

Legal Options for Wildfire Smoke Lawsuits

If you have been impacted by wildfire smoke, there are a few options to pursue legal action for a personal injury case.

Compensation may be available through insurance claims, individual lawsuits, class actions, or mass tort cases.

Individual Personal Injury Lawsuits

When your personal injury or property damage is significant and specific, pursuing an individual personal injury lawsuit may be the best option. Damages in personal injury lawsuits may include:

• Medical expenses
• Lost wages or lost income
• Pain and suffering
• Compensation for property losses
• Compensation for emotional distress

The particular damages available depend on the specifics of your situation.

Class Action and Mass Tort Suits

When your situation involves many others experiencing similar harm from the same source or event, a class action or mass-tort suit may be the best option. Both types of lawsuits involve large numbers of people with similar claims. The distinction between a class action and a mass tort suit lies in how they proceed through the stages of litigation.

A class action combines many similar claims into a single case, in which one or a few representative plaintiffs sue on behalf of the entire group. In a mass tort lawsuit, by contrast, many individual plaintiffs who are harmed in similar ways are in a coordinated case. Each person’s damages and circumstances are evaluated differently.

What You Must Prove in a Negligence Claim for Wildfire Smoke

No matter how you pursue a wildfire smoke lawsuit, you have to prove you are entitled to compensation. Many wildfire smoke actions are based on negligence.

To prove another party is negligent, you must typically demonstrate the following and support it with evidence:

• Duty of care
• Breach of the duty of care
• Causation linking smoke to your harm
• Measurable damages for your personal injury

The most challenging aspect of these cases is often proving causation for smoke-related illnesses. Expert testimony becomes critically important in these matters.

Along with helping select and work with expert witnesses, a personal injury attorney can help in other ways. They can ensure you meet all applicable deadlines, including the statute of limitations, preserve medical records, and handle major aspects of your case.

Who Can Be Held Liable

Who you can seek to hold liable for your financial losses and other damages in a personal injury case depends on the circumstances. Possible responsible parties can include:

• Utility companies. Liability can occur when faulty equipment or poor maintenance sparks a fire (e.g., downed power lines).
• Negligent landowners and businesses. Property owners who fail to clear brush or violate fire-safety codes.
• Government agencies. Although sovereign immunity can limit the ability to recover damages from government entities, a claim may still be possible. Potential claims against government entities could include those for mismanaged land, controlled burns, or failed warnings.

Identifying the right defendant early in the matter will shape your entire case. In some cases, you may want to seek compensation by filing a claim with your insurance company.

Homeowners, renters, and health insurance may cover smoke damage and medical bills. It can be a great first step for direct property loss and immediate medical costs. But the coverage varies widely by policy terms, exclusions, and proof of loss.

However, if insurance denies your claim or underpays, you may want to explore pursuing legal action against a potentially liable party.

Speak with a Personal Injury Attorney

Getting the right legal representation in place can make all the difference in your case. An experienced personal injury attorney can help identify the negligent parties and pursue financial compensation on your behalf. Legal representation can also help you avoid:

• Missing a claim due to a missed deadline
• Losing track of key evidence like medical records, photos, or receipts
• Accepting the first offer before you understand the full damages

Many personal injury attorneys work on a contingency fee basis and offer free case evaluations. This means that you pay nothing unless you receive compensation in your case. Contact an experienced personal injury attorney in your area today to learn more about your legal options if a wildfire has impacted you.