California Mill Fire Attorney

According to a report from the Sacramento Bee, a former superintendent at Roseburg’s cogeneration plant stated that they first experienced a fire in Shed 17 within two weeks of starting the job. They worked for the company between 2016 and 2019.

At that time, they recall panicking about the situation while noticing that their coworkers were nonchalant. They indicated that the subdued reaction from coworkers was due to fires being common in the shed. A current team member backed up this statement, noting that fires occasionally occurred in the shed but were quickly extinguished and never regarded as a big deal.

The current team member also said that the company has been using the shed to store ash from its cogeneration plant for 17 years. The ash was held in a concrete storage container that was 10 feet tall and had no lid. Trucks came in each day to remove the ash.

Witnesses say they watched the 60-foot tall, wooden warehouse facility known as Shed 17 go up in flames. The fire then spread off the Roseburg property and into a nearby neighborhood.

While Roseburg has often asserted that they believe a malfunctioning third-party spraying machine caused the fire, their admissions and employees’ statements indicate that Roseburg has at least partial liability.

Businesses are required to regularly inspect their property for property hazards that could cause harm to others. When such hazards are identified, they must be adequately mitigated. The company’s attorney stated that it had checked the spraying machines recently and found them in proper working order, as well as the high-powered fire hose within the building.

A business is not liable for hazardous conditions they did not know about or have any reason to know about. However, the presence of the fire hose and sprayer indicates that they knew there was a hazard of the smoldering ash igniting within the storage facility. The statements from current and former employees about previous fires ignited in the facility indicate that the business had reason to know that the hazard was more than a possibility; it was an eventuality.

Regardless of the investigation’s outcome, Roseburg has asked that their insurance provider open up the claims process in Weed, with claims being evaluated by professional claims adjusters.

“Residents would not need a lawyer to file their claims,” the Roseburg statement read. “If community members are not satisfied with the adjuster’s offer of payment, they would then be free to seek legal counsel to request a different amount.”

At least one lawsuit has already been filed against Roseburg by a family who lost their home in the fire.

You Do Not Need the Company’s Permission to Seek Legal Counsel

Contrary to the implication of Roseburg’s statement, individuals seeking compensation for the loss of their homes, their belongings, their health, or even the life of a loved one do not need permission from the insurance company to seek legal assistance with their claim. They also do not need to wait to determine if they are happy with the claims adjuster’s offer before consulting an attorney.

There are many reasons to obtain assistance from a Mill Fire attorney before engaging with the insurance provider. First, insurance companies are not in the business of rebuilding communities or making things right for those who have suffered injuries or losses due to their insured’s negligence. Insurance companies are in the business of making money off of premiums. One of the ways they protect their bottom line is by hiring claims adjusters to evaluate claims made against their policies and determine how much compensation (if any) is owed to the claimant. On the surface, having a trained insurance professional evaluate a claim does not sound like a bad idea. However, it is important to remember who they work for and the company’s mission.

Claims adjusters often use questionable tactics to protect the insurance company’s bottom line. These may include telling the claimant they do not need an attorney or telling them the settlement they are being offered is the maximum compensation available. An attorney with experience in property damage or personal injury claims is familiar with these tactics and able to protect the value of their client’s claims.

Generally, the first step in seeking compensation for injuries, losses, and property damage is to hire an attorney to assist you with the claim. An attorney can provide the experience and legal knowledge necessary to help you navigate the process from start to finish.

The attorney and their legal team will thoroughly investigate your case to determine all sources of liability. You need a lawyer who can identify all of the liable parties because each one potentially offers a liability insurance policy that can provide compensation.

With the number of claims being filed against one policy, the amount of compensation available to each claimant is likely less due to insurance policy limits.

Once the attorney has gathered all of the information about the expenses and the physical and psychological impacts you suffered as a result of the Mill Fire, they can determine a value for your claim. The claim is then filed with the insurance provider, and a claims adjuster is assigned to your case.

The adjuster will conduct interviews and evaluate the documentation included in the claim and can take one of three options.

1. The insurer can acknowledge the insured’s liability and approve payment of the claim.
2. The insurer can deny the insured’s liability and provide a reason for the denial to the claimant.
3. The insurer can offer to settle the claim out-of-court for less than its total value.

Suppose the insurer fails to compensate the claim. In that case, it can be filed as a lawsuit in court for a judge or jury to review the evidence and witness testimony and make decisions on matters of liability and compensation. However, to use the court process, the lawsuit must be filed by a specific deadline known as the statute of limitations.

Claimants in California seeking compensation for property damage only have three years to file a lawsuit from when their losses occurred. Claimants seeking compensation for injuries or a loved one’s death, with or without the inclusion of property damage, must file a lawsuit within two years of the date on which the injury or death occurred.

Property damage claimants are entitled to the value of the items they lost, including their home and personal property. While the cost of many of these items is calculated based on fair market value, claimants are permitted to attach an increased value to items that are special to them. Additionally, claimants can seek compensation for other out-of-pocket costs they incurred due to the fire, such as a rental car and temporary housing.

Personal injury claimants are permitted to seek compensation for financial impacts they incurred due to their injury, such as medical expenses, wage loss, loss of future earning capacity, and property damage. They can also seek compensation for the psychological impacts of their injury, such as physical pain and suffering or emotional distress.

Wrongful death claimants can seek compensation for financial losses they experienced as a result of their loved one’s death, such as: the loss of services and support, final medical expenses, loss of inheritance, and gifts they could reasonably expect to receive from the decedent if they had lived, and the cost of a funeral service and burial or cremation. They can also seek compensation for emotional impacts they incurred as a result of the loss, such as loss of comfort, companionship, comfort, guidance, and moral support.

No amount of money can fully restore all that was lost in Weed as a result of the Mill Fire. However, obtaining compensation for your losses and/or injury is an integral part of moving forward, both on an individual level as well as a community level.

A Mill Fire attorney from Reiner, Slaughter & Frankel can provide more information about the claims process, answer the legal questions you have about your case, and tell you about the services our team is prepared to provide to the residents of Weed as they make their claims. Roseburg has an attorney to assist them in this process. Their insurance provider also has legal counsel that they have undoubtedly consulted about Mill Fire claims. You should have an attorney on your side too.

Reiner, Slaughter & Frankel offers personalized legal solutions to all of your Mill Fire-related losses. No two cases are alike, and we know that every client has individual needs. Our highly qualified team is committed to helping victims get the maximum compensation possible after an accident.

For your free case evaluation, contact us online or by calling (530) 241-0290. We will discuss the details of your case with you, explore every aspect of what happened, and help you reclaim the compensation you deserve.