Maui Wildfire Legal Terms You Need to Know

Advertising Material

On Tuesday, August 8th, 2023, Hawaii suffered a devastating fire that would go on to be recorded as the deadliest fire in Hawaii's history and the fifth deadliest recorded in the U.S. in over a century. The Maui wildfire would go on to destroy over 2,200 structures and cause roughly $5.52 billion in damages to the surrounding area and islands. The fires also claimed the lives of over 100 residents and left thousands in the surrounding communities suffering from smoke inhalation, burns, and other severe and even life-threatening injuries.

As the year mark approaches, more lawsuits are popping up regarding the Maui wildfire and the damages it caused, including property destruction, severe injuries, loss of life, and more. Lawsuits have also been filed against those potentially liable for the fire, like the Hawaiian Electric Company, as well as the lack of action provided by the utility company, the Maui Officials, the local fire departments, and the warning systems in place. 

10 Legal Glossary Terms for Maui Wildfire Lawsuits

As these lawsuits continue to unfold, we want to ensure those following along are up to date with the terms associated with them. To help keep you informed, we've provided you with some context below regarding some of the most commonly used terms in the Maui wildfire lawsuits.

• Class Action Lawsuit: Also known as a class action, is a lawsuit filed by a group of people, or a class of individuals, who've suffered the same or similar harm from the same actions. In this case, those joining a Maui Wildfire class action can claim similar injuries or certain losses due to damage caused by the wildfire.
• Negligence:  The failure to exercise reasonable care that results in harm or damage to another party. In wildfire cases, this could involve actions like failing to maintain land or adhere to fire safety regulations. For the Maui wildfire, lawsuits have been filed against multiple parties for alleged negligence.
• Property Damage: The physical harm or destruction caused to real or personal property by a wildfire. Victims of the Maui wildfire have reported property damage to their homes, structures, vehicles, or land.
• Personal Injury: Refers to the physical or emotional harm suffered by individuals as a result of a wildfire. Victims of the Maui wildfire have reported suffering from personal injuries such as burns, smoke inhalation, emotional distress, and more.
• Compensation: In a lawsuit, if the plaintiff wins their case, they may be awarded compensation for their damages. This often comes as a monetary award for losses suffered. For the Maui wildfires, victims may be eligible for compensation for property damage, medical expenses, emotional distress, and more.
• Liability: The legal responsibility for actions or omissions that cause harm or damage to another party. In a wildfire case, this may involve those responsible for starting or failing to prevent the fire. For the Maui wildfire, the liable parties are still under investigation, but lawsuits have been filed against various entities, including Hawaiian Electric and Maui County.
• Class Certification: The process by which a court determines whether a lawsuit can proceed as a class action, considering factors like the commonality of claims and the adequacy of representation for all class members.
• Statute of Limitations: The time limit within which a lawsuit must be filed after a wildfire or related harm. Failure to file within this timeframe may result in losing the right to sue. In Hawaii, this is typically two years from the date of the incident, but special circumstances may alter this timeframe.
• Damages: The monetary compensation awarded to a plaintiff in a lawsuit for losses suffered due to the defendant's actions or negligence. Damages can be economic, like medical bills or lost wages, or non-economic, like pain and suffering. Victims of the Maui wildfire may seek compensation for damages such as property damage, medical expenses, emotional distress, and more.
• Subrogation: The legal right of one party (such as an insurance company) to take over the rights of another party (such as a homeowner) to recover expenses paid as a result of the wildfire if the homeowner is compensated through a lawsuit.

While this glossary is here to help you better understand the terms used in the Maui wildfire lawsuits, we'd like to remind you that it is only a guide and not a substitute for legal counsel. If you were affected by the wildfire and require legal assistance, we highly encourage you to speak to a qualified and experienced natural disaster or wildfire attorney who can help you dive deeper into the lawsuit and answer all your questions about your case.

Advertising Material. Bora S. Kayan, Esq. is responsible for the content of this advertisement. Cases may be associated with, or referred to, other law firms as co-counsel or referral counsel in these and other jurisdictions. Prior results do not guarantee a similar outcome. This post is not legal advice. If you need legal advice, you should consult a lawyer.