Texas Panhandle Wildfire Lawyer
Nationally Recognized Trial Attorneys
Wildfires in the Texas Panhandle present a formidable challenge to the communities nestled within this region. Year after year, these natural disasters ravage the landscape, leaving behind a trail of destruction that impacts homes, wildlife, and the local economy.
The fires not only consume residential properties but also inflict injuries on people and animals, obliterate crops, and disrupt the delicate ecosystem upon which farmers and ranchers depend. The aftermath of such events can be devastating, affecting the livelihoods of many and causing damages that ripple through communities.
The path to recovery can be long and fraught with obstacles, especially when the damage inflicted by wildfires translates into substantial financial burdens for individuals and families. In many cases, these calamities are exacerbated by gross negligence, such as the failure of utility companies to properly maintain their infrastructure, which can be a critical factor in igniting these fires.
In these instances, pursuing legal avenues becomes not just an option but a necessity for seeking compensation and fostering recovery.
For those affected by the recent Texas Panhandle wildfires, the road to recovery begins with a single step: reaching out for legal assistance. Our West Texas personal injury lawyers are ready to listen to your story, evaluate your case, and outline a strategic path forward. Contact us at (325) 308-6960.
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Do You Have a Claim?
Determining if you have a viable personal injury claim following a wildfire involves understanding several key elements:
1. Duty of Care
Every personal injury claim starts with establishing that the defendant owed a duty of care to the plaintiff. In the context of wildfires, utility companies, property owners, and other entities may have a legal obligation to take reasonable steps to prevent fire outbreaks and protect the public from harm. For instance, utility companies must maintain their equipment properly to avoid sparks that can ignite wildfires.
2. Breach of Duty
Once a duty of care is established, it must be shown that the defendant breached this duty. This breach occurs when the defendant’s actions or inactions fall below the standard of care expected. In wildfire cases, this could mean failing to maintain power lines, not following safety protocols during high-risk conditions, or ignoring known hazards that could lead to a fire.
3. Causation
Causation links the breach of duty to the injuries suffered. It must be proven that the defendant’s breach directly caused the wildfire that resulted in your injuries. This can be complex in wildfire cases, requiring expert testimony and evidence to demonstrate that the fire would not have occurred if not for the defendant’s negligence.
4. Damages
The final element is proving that you suffered actual damages as a result of the wildfire. These damages can include physical injuries, emotional distress, property loss, and financial burdens such as medical bills and lost wages. Thorough documentation of all losses and impacts on your life is crucial for substantiating your claim.
5. Negligence or Intentional Misconduct
In some cases, it may also be relevant to show that the defendant acted with gross negligence or intentional misconduct. Gross negligence involves a severe disregard for the safety of others, while intentional misconduct means the defendant deliberately caused harm. Demonstrating this level of fault can sometimes lead to punitive damages, which are additional compensation meant to punish the wrongdoer.
6. Legal Support and Guidance
An experienced attorney can help you gather evidence, establish the necessary elements of your claim, and advocate for your rights. Legal expertise is particularly important in wildfire cases, where the stakes are high and the opposition may include large corporations and insurance companies.
If you believe you may have a potential claim related to wildfire injuries, contact us today. An attorney from our law firm can evaluate your case, help you understand your rights, and guide you through the legal process to seek the compensation you deserve.
If you believe you may have a potential claim related to wildfire injuries, contact us today. An attorney from our law firm can evaluate your case, help you understand your rights, and guide you through the legal process to seek the compensation you deserve.
Compensation You May Be Entitled To
If you have been affected by a wildfire, you may be entitled to various forms of compensation. Here are the primary categories of compensation that wildfire victims can pursue:
Property Damage
Wildfires can cause extensive destruction to homes, personal belongings, vehicles, and other property. Compensation for property damage can cover:
- Repair or replacement costs of damaged structures.
- Replacement costs for personal belongings such as furniture, clothing, and electronics.
- Costs for temporary housing if your home is uninhabitable.
Medical Expenses
Injuries sustained during a wildfire can lead to significant medical expenses. Compensation for medical costs can include:
- Emergency medical treatment.
- Hospital stays and surgeries.
- Prescription medications.
- Rehabilitation and physical therapy.
- Future medical care needs related to wildfire injuries.
Lost Wages
If you are unable to work due to injuries or the aftermath of a wildfire, you can seek compensation for:
- Income lost during the recovery period.
- Loss of earning capacity if you are unable to return to your previous job or work at the same capacity.
Emotional Distress
The trauma of experiencing a wildfire can lead to significant emotional and psychological impacts. Compensation for emotional distress may cover:
- Counseling and therapy costs.
- Compensation for pain and suffering.
- Damages for loss of enjoyment of life due to psychological impacts.
Rehabilitation and Ongoing Care
Long-term rehabilitation may be necessary for severe injuries, with compensation covering:
- Physical and occupational therapy.
- In-home care services.
- Modifications to your home to accommodate disabilities.
Punitive Damages
In cases where the wildfire was caused by gross negligence or intentional misconduct, you may be entitled to punitive damages. These are awarded to punish the responsible party and deter similar behavior in the future
Relocation Costs
If you need to relocate permanently due to the destruction of your property or ongoing risks in the area, compensation may include:
- Moving expenses.
- Costs related to establishing a new residence.
Loss of Livelihood
For those who depend on the land for their livelihood, such as farmers and ranchers, compensation can include:
- Loss of crops and livestock.
- Costs to rebuild or repair agricultural infrastructure.
- Financial support during the recovery period.
Need Legal Support Right now? Get in Touch!
At Keith & Lorfing, we are dedicated to helping you navigate this challenging time with the support and legal expertise you need. Here are the ways you can get in touch with us:
- Phone Consultation: We understand that speaking directly with an attorney can provide immediate clarity and reassurance. Call us at (325) 308-6960 to schedule a phone consultation. Our team is ready to listen to your story, answer your questions, and outline the next steps.
- Email Inquiry: For a more convenient option, you can reach out to us via email at info@lorfinglaw.com. Provide a brief description of your situation, and one of our experienced attorneys will respond promptly to discuss your case and explore how we can assist you.
- Online Contact Form: Visit our website and fill out the online contact form. Simply provide your contact details and a brief description of your case, and we will get back to you as soon as possible to arrange a consultation.
Keith & Lorfing: Experienced Texas Wildfire Lawyers
Boasting a stellar reputation and a proven track record in personal injury law, you can trust that our firm has the expertise and resources to safeguard your legal rights in the face of wildfire devastation. Rest assured, we’re here to stand by your side through any challenge.
- Award-Winning Lawyers: Proudly recognized as the Best Lawyers in Abilene for 2023, we are committed to excellence in all we do, ensuring that our wildfire litigation practice is second to none.
- Decades of Expertise: With over 75 years of combined experience, our team brings unparalleled knowledge and skill to every wildfire case we handle.
- Extensive Trial Experience: With more than 500 jury trials under our belts, we know how to fight for justice in the courtroom, particularly in complex wildfire litigation.
- Former Prosecutors on Staff: Our team includes multiple attorneys who have served as state and federal prosecutors, giving us unique insights and a strategic edge in wildfire cases.
- Tailored Legal Strategies: We take a personalized approach to each wildfire case, ensuring that our clients receive solutions specifically tailored to their needs and circumstances.
- Convenient Locations: With multiple offices spread across West Texas, we are easily accessible and ready to serve our local communities affected by wildfires.
What to Do After a Wildfire Accident or Injury
Experiencing a wildfire can be overwhelming and traumatic. Knowing the steps to take immediately after an accident or injury can significantly impact your recovery and your ability to seek compensation. Here’s what you should do:
- Ensure Safety and Seek Medical Attention: Your immediate priority should be to get to a safe location away from the fire. If you or anyone else is injured, seek medical attention right away, even if injuries seem minor. Some injuries may not be immediately apparent and can worsen over time.
- Report the Incident: Notify the authorities about the wildfire. Contact local fire departments, law enforcement, or emergency services to report the accident and any injuries. This ensures that the incident is officially documented.
- Document the Scene: If it’s safe to do so, take photos and videos of the scene, including any injuries, property damage, and the wildfire itself. Detailed documentation can be essential evidence if you decide to pursue a legal claim.
- Collect Information: Gather information from witnesses and other affected individuals. Obtain their names, contact details, and any statements they can provide about the incident. Also, keep track of any interactions with emergency responders and medical personnel.
- Notify Your Insurance Company: Inform your insurance company about the wildfire and any damages or injuries. Provide them with all relevant details and documentation. Be honest and thorough in your report, but avoid making statements that could be used against you later.
- Keep Records of Expenses: Maintain a detailed record of all expenses related to the wildfire, including medical bills, repair costs, temporary housing, and any other out-of-pocket expenses. This documentation will be important for calculating the compensation you may be entitled to.
- Avoid Public Statements: Be cautious about discussing the incident publicly or on social media. Statements made in public forums can be used against you in legal proceedings. It’s best to keep details of the incident private and only discuss them with trusted individuals.
- Consult with an Attorney: Seek legal advice as soon as possible. An experienced attorney can help you understand your rights, guide you through the legal process, and ensure that you take the appropriate steps to protect your interests. They can also help you gather evidence, interact with insurance companies, and pursue compensation for your losses.
- Follow Medical Advice: Adhere to all medical advice and treatment plans provided by healthcare professionals. This not only aids in your recovery but also supports your legal claim by showing that you are taking your injuries seriously.
- Stay Informed: Stay updated on the status of the wildfire and any investigations or reports related to its cause. Understanding the circumstances surrounding the incident can be valuable in building your case.
Statute of Limitations for Wildfire Injuries
In Texas, the statute of limitations for personal injury claims, including those arising from wildfires, is generally two years from the date of the injury. This means you have two years to file a lawsuit seeking compensation for injuries, property damage, or other related losses.
However, there are some exceptions:
- Discovery Rule: If the injuries or damages from the wildfire were not immediately apparent, the clock starts ticking from the date you discovered, or reasonably should have discovered, the injury. This rule is particularly relevant for latent injuries or damages that become evident only after some time has passed.
- Claims Against Government Entities: You typically need to file a notice of claim with the government entity within six months of the incident. Failing to meet this requirement can bar you from filing a lawsuit.
- Minors and Incapacitated Persons: The statute of limitations can be tolled (paused) for minors and incapacitated persons. For minors, the two-year period typically starts when they turn 18. For those who are incapacitated, the clock may start running once they regain capacity.
It is vital to act promptly if you intend to pursue a legal claim for wildfire injuries. Delaying your claim can jeopardize your ability to seek compensation, as missing the statute of limitations deadline will likely result in your case being dismissed by the court.
Given the complexities and exceptions related to the statute of limitations, consulting with an experienced attorney as soon as possible after a wildfire injury is essential.
We can help you understand the specific deadlines applicable to your case, ensure that all necessary paperwork is filed on time, and provide guidance on the best course of action to protect your rights. Contact us today to learn more!
No Up-Front Costs
We operate on a contingency fee basis for personal injury cases. Here’s what you need to know about contingency fees:
- What Are Contingency Fees? Contingency fees mean that you only pay legal fees if we successfully recover compensation on your behalf. Instead of charging hourly rates or requiring upfront payments, our fees are contingent upon winning your case. If we do not secure a settlement or verdict in your favor, you owe us nothing for our services.
- Percentage of Recovery: Our contingency fee is typically a percentage of the total recovery amount. This percentage is agreed upon before we begin working on your case. It ensures that our interests are aligned with yours, as we are motivated to maximize your compensation.
- No Upfront Costs: You do not need to worry about paying out-of-pocket expenses to retain our services. This approach makes it possible for anyone, regardless of their financial situation, to access high-quality legal representation.
- Transparency and Agreement: Before we take on your case, we will discuss and agree upon the contingency fee percentage. This agreement will be clearly outlined in a written contract, ensuring transparency and mutual understanding. We will also explain any potential additional costs that may be incurred during the case, such as court filing fees, expert witness fees, and other litigation expenses.
- Deduction of Expenses: In addition to the contingency fee, certain costs associated with pursuing your case may be deducted from your final recovery. These costs can include expenses for investigation, documentation, expert testimony, and other necessary expenditures. We will provide a detailed account of these costs and deduct them from the settlement or award, after which the agreed-upon contingency fee percentage will be applied.
- Risk-Free Representation: The contingency fee model is designed to minimize your financial risk. If we do not win your case, you will not be responsible for paying our attorney fees. This allows you to pursue justice and compensation without the burden of legal expenses.
- Commitment to Your Case: By working on a contingency fee basis, we demonstrate our confidence in your case and our commitment to achieving a favorable outcome. Our success depends on your success, ensuring that we work diligently and strategically on your behalf.
Key Evidence to Gather
When pursuing a wildfire injury claim, gathering comprehensive and compelling evidence is critical to establishing liability and securing compensation. Here are the key types of evidence you will need:
- Scene Documentation: Photos and videos of the wildfire’s aftermath, including damaged property, burn areas, and any visible signs of the fire’s path.
- Injuries: Detailed images of your injuries taken immediately after the incident and during the healing process.
- Context: Photos of the surrounding area, showing conditions that may have contributed to the fire, such as downed power lines or neglected vegetation.
- Fire Incident Reports: Obtain reports from fire departments, emergency responders, and government agencies detailing the cause, spread, and impact of the wildfire.
- Police Reports: If law enforcement was involved, these reports can provide additional details about the incident.
- Inspection and Maintenance Records: Records from utility companies or other responsible parties showing their inspection and maintenance practices, which can help establish negligence.
- Eyewitness Accounts: Statements from people who witnessed the wildfire or its aftermath. These accounts can provide crucial details about how the fire started and spread.
- Expert Testimony: Testimony from fire experts, environmental scientists, or engineers who can explain technical aspects of the fire’s cause and the failures that contributed to it.
- Immediate Treatment: Documentation from hospitals, doctors, and other healthcare providers who treated your injuries immediately after the wildfire.
- Ongoing Care: Records of follow-up treatments, physical therapy, and any long-term medical care required due to the injuries.
- Psychological Impact: Documentation of any psychological or emotional distress caused by the wildfire, including counseling or psychiatric treatment.
- Property Damage: Receipts and estimates for repairs or replacement of damaged property, including homes, vehicles, and personal belongings.
- Loss of Income: Documentation of lost wages due to injury, including pay stubs, tax returns, and statements from employers.
- Out-of-Pocket Expenses: Receipts for any expenses directly related to the wildfire, such as temporary housing, transportation, and medical co-pays.
- Weather Reports: Data showing the weather conditions at the time of the wildfire, which can be relevant to establishing the fire’s spread and the responsible party’s preparedness.
- Satellite and Aerial Images: Images showing the fire’s progression and impact, which can help visualize the extent of the damage and support claims of negligence.
- Claims Filed: Copies of any insurance claims filed related to the wildfire, along with responses from insurance companies.
- Denial Letters: Documentation of any denials of coverage or disputes with insurance companies, which can be relevant in establishing the need for legal action.
- Emergency Alerts: Records of any emergency alerts or evacuation orders received during the wildfire.
- Correspondence: Emails, texts, or letters exchanged with responsible parties or authorities before, during, and after the wildfire.
While this might seem like a daunting list, the good news is that we can take on the burden of gathering the required evidence on your behalf. This allows you to recover and look forward. Contact us today to find out more!
Why Choose Keith & Lorfing Over Other West Texas Wildfire Attorneys
Our dedicated and considerate team is distinguished by several key factors:
- Highly Qualified Professionals: We pride ourselves on having the most skilled and credentialed attorneys and staff. Compare our credentials with any other firm in West Texas, and you’ll see the difference.
- Extensive Expertise: With over 75 years of combined experience, our legal team excels in handling a diverse range of complex cases.
- Strategic Approach: Our method is designed to achieve outstanding results for your case, maximizing your chances of securing a favorable settlement or winning at trial.
- Robust Resources: Our team comprises multiple attorneys, ensuring we have the necessary resources to provide high-quality service and maintain client satisfaction.
- No Upfront Costs: We cover all expenses related to your case out of our own pocket. If we don’t win, you owe us nothing.
- Rapid Response: By utilizing modern business best practices, we ensure quick turnaround and response times, which are crucial in time-sensitive situations.
- Accessible Locations: To better serve our West Texas communities, we have offices in Lubbock, Midland, Abilene, and San Angelo, making us easily accessible.
- Flexible Meeting Options: We offer flexible meeting arrangements, whether you prefer in-person or virtual consultations, to suit your needs.
OUR STREAMLINED PROCESS
FASTER. SIMPLER. EASIER.
With access to your very own legal team, a network of medical professionals, and clear direction on how to maximize your recovery, we take the pain and hassle out of the equation:
- Step 1: Meet with our Legal Team – it’s free!
- Step 2: Seek Medical treatment – we’ll help.
- Step 3: Follow the checklist in your client portal.
- Step 4: We’ll Make ‘Em Pay!
- Step 5: Cash your check.
The Impact of the Recent Texas Panhandle Wildfires
The Texas Panhandle has recently been the scene of catastrophic wildfires, marking a period of immense challenge and loss for the region. Notably, two significant fires have underscored the severity of wildfire threats in this area: the Smokehouse Creek Fire and the Windy Deuce Fire, both igniting on February 26, 2024.
The Smokehouse Creek Fire, a massive inferno, consumed over one million acres of land, an expanse that speaks to the fire’s ferocity and the difficult conditions under which firefighters worked to contain it. The Windy Deuce Fire, although smaller in comparison, still incinerated more than 144,000 acres, profoundly impacting the land and its inhabitants.
The causes of these fires, as identified by the Texas A&M Forest Service, trace back to powerlines. This revelation highlights the critical importance of infrastructure maintenance and oversight. When not properly maintained, powerlines can become potent ignition sources for wildfires, especially under the right environmental conditions.
The Texas Panhandle, with its vast open spaces and, at times, dry conditions, is particularly susceptible to such fires. The Smokehouse Creek and Windy Deuce fires serve as somber reminders of the potential consequences of neglecting such vital preventative measures.
Gross Negligence Contributing to the Panhandle Wildfires
Gross negligence refers to a significant failure to take the necessary precautions or measures to ensure the safety and functionality of critical infrastructure. The concept is pertinent when discussing power equipment maintenance, inspection, and replacement.
In essence, it encapsulates scenarios where utility companies do not adhere to the standards of care required to prevent foreseeable risks, such as the outbreak of wildfires. Gross negligence may manifest in various forms, including the failure to properly maintain power lines, poles, and other essential equipment.
Faulty equipment, such as deteriorating power lines or unstable poles, can fail and come into contact with the ground, generating sparks that ignite surrounding vegetation. These initial sparks can become uncontrollable wildfires, especially under conducive environmental conditions.
While the Texas A&M Forest Service has pinpointed powerlines as the culprits behind the recent catastrophic fires in the Texas Panhandle, the specific details of how these powerlines initiated the blazes have not been disclosed.
Xcel Energy, the primary electricity provider for most of the Texas Panhandle, is at the center of scrutiny in the aftermath of these wildfires. The company has acknowledged that its facilities may have played a role in sparking these blazes.
Nevertheless, Xcel disputes allegations of gross negligence, asserting its commitment to rigorous maintenance practices and infrastructure care. This stance, however, does not close the door to the potential liability of the entities involved in the maintenance and inspection of utility infrastructure.
Southwestern Public Service Company, a subsidiary of Xcel Energy, along with Osmose Utilities, responsible for inspecting utility poles, are also part of the conversation concerning accountability and the adequacy of preventative measures against wildfire risks.
Other Locations We Serve
As expert Texas personal injury attorneys, we cover the entirety of West Texas, including but not limited to:
- Abilene
- Lubbock
- Midland
- San Angelo
Speak to a Texas Panhandle Fire Lawyer Today!
At Keith & Lorfing, we understand the profound impact wildfires can have on individuals and communities. With over 75 years of combined experience, our team is uniquely positioned to address the complexities and challenges that arise after such devastating events. Our attorneys effectively deal with companies and insurers that attempt to minimize or outright deny their liability for the damage caused.
Leveraging comprehensive legal strategies underpinned by thorough investigations, we are adept at fighting back to make our clients’ voices heard and uphold their rights.
We invite individuals impacted by the Texas Panhandle wildfires to contact our Abilene lawyers at (325) 308-6960.
The Best
In the West
Our every action is driven by a deep-seated commitment to fighting for hardworking Texans. Each client we represent and every case we undertake reflects our dedication to ensuring fairness and justice.
Our roots run deep in West Texas. Many of our attorneys hail from modest backgrounds, with family histories steeped in professions like farming, mechanics, labor, firefighting, and military service. These humble beginnings instilled in us the value of hard work, a principle we uphold daily.
We consciously choose to stand with the everyday people rather than corporations or the elite. Our focus is on representing dedicated, family-oriented Texans who aspire to provide a better future for their children. This often means challenging big insurance companies that attempt to undercut rightful claims. 
Trey Keith
Founding Partner Meet Trey
Russell Lorfing
Founding Partner Meet Russell
&
3 Things you’ll get With Keith & Lorfing
A Lawyer Will Answer Your Calls & Emails
You’ll Be Informed About Your Case Every Step of the Way
You’ll Be Treated With Compassion & Respect
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We’re committed to being the best in the West! Proudly serving clients throughout Abilene, Lubbock, San Angelo, Midland & all of West Texas.
