Hawaii's Trusted Personal Injury Law Firm +
Decades of Mainland Fire Experinece.

If you've lost property or loved ones in the Maui wildfire, contact our wildfire litigation attorneys to discuss potential claims.
Call Now


    Please feel free to invite family, friends and neighbors to the Talk Story Sessions if they have asked about legal representation from our firms.

    Maui Fire Lawyer

    Types of Claims

    • Wrongful Death
    • Personal Injury
    • Emotional Distress
    • Hospital expenses
    • Future medical care
    • Personal Property Losses
    • Evacuation & Relocation Costs
    • Home & Other Structure Damage/Loss
    • Increased Rebuild Costs
    • Loss of Use of Property
    • Tree/Landscape/Vegetation Damage/Losses
    • Depreciation of value of land
    • Business Expenses and Losses
    • Renter's Losses
    • Rental Expenses
    • Loss of earnings
    • Soot & Ash Damage
    • Out-of-Pocket Costs
    • And others
    • If you have suffered any injury from the fire, sustained damage to your property, your business, lost your home, or lost a loved one, you may be entitled to compensation if you make a timely claim to join this lawsuit.
    • Unrepresented victims need a lawyer to protect their rights so that they’re not swept into a faceless class action and have their fate decided for them.
    • Therefore, it is important to hire experienced counsel to represent you. Now is the time to protect your rights and join this litigation.
    Contact Us

    Evidence Points Towards Heco 
    Liability

    Responsibility for the Occurrence: Responsibility for the occurrence of the fire incident rest with HECO who failed to initiate a public safety power shutdown (PSPS) in response to the warnings issued by the National Weather Service (NWS) and the governors office.

    Responsibility allegedly rests with HECO for failing to respond in a timely manner to the Maui Fire Department's report of downed power lines at its origin.

    Responsibility also allegedly rests with HECO for failing to survey their power lines in the area of the fire's origin prior to re-energizing the power lines located there.
    Responsibility also allegedly rests with a number of government, and private owners of undeveloped land, which fostered and facilitated the rapid progression and development of the fire incident as a result of their individual and collective failures to mitigate wildfire hazards on their properties and their individual and collective failures to provide appropriate and effective fire brakes between receptive fuels, located on their properties and adjacent populated areas.

    Responsibility may also rest with Hawaiian Telecom as it is currently being evaluated, whether or not the presence of their communication lines on the wooden utility pole contributed to its failure during the high wind event.

    Here are five facts that suggest HECO may be responsible for the Lahaina wildfire:

    1. HECO was warned by the National Weather Service (NWS) of the forecasted high wind event and extreme dry fire conditions resulting in the issuance of a red flag warning.
    2. HECO was also warned by the governors office of the samecforecasted dangerous fire conditions.
    3. At approximately 3 AM that morning, a wooden utility pole failed as a result of the forecasted high wind event that was occurring and power lines were downed but no fire occurred.
    4. At approximately 5:00 AM, the Maui fire department responded to the area and reported to HECO that powerlines were, in fact, downed. HECO was reported not to have responded to that area after being notified by the fire department of the downed powerlines.
    5. At sometime shortly after 6:00 AM, it appears that the powerlines were re- energized resulted in significant electrical, arcing events involving those down powerlines. The heat energy from the arcing events ignited the receptive fuels on the ground beneath them, which consisted primarily of tall dry grass, and other vegetation.

    1.

    HECO was warned by the National Weather Service (NWS) of the forecasted high wind event and extreme dry fire conditions resulting in the issuance of a red flag warning.

    2.

    HECO was also warned by the governors office of the samecforecasted dangerous fire conditions.


    3.

    At approximately 3 AM that morning, a wooden utility pole failed as a result of the forecasted high wind event that was occurring and power lines were downed but no fire occurred.

    4.

    At approximately 5:00 AM, the Maui fire department responded to the area and reported to HECO that powerlines were, in fact, downed. HECO was reported not to have responded to that area after being notified by the fire department of the downed powerlines.



    5.

    At sometime shortly after 6:00 AM, it appears that the powerlines were re- energized resulted in significant electrical, arcing events involving those down powerlines. The heat energy from the arcing events ignited the receptive fuels on the ground beneath them, which consisted primarily of tall dry grass, and other vegetation.

    Maui Wildfire Litigation Updates Below

    • October 14, 2024

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      On October 14, 2024, FEMA approved a one-year extension of the Individuals and Households Programs (IHP) for Hawaiʻi, providing vital support to survivors of the Maui wildfires. Financial and Direct Temporary Housing Assistance will now be available until February 10, 2026. Governor Josh Green expressed gratitude for this decision, highlighting the ongoing commitment from FEMA and the federal government to aid recovery efforts. The extension acknowledges the unique challenges faced by the Maui community and aims to help survivors rebuild their lives. All previously approved Individual Assistance programs will continue during this period, emphasizing collaboration between the state and FEMA to support affected residents.

    • October 2024

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      The Hawaii Supreme Court has agreed to address crucial legal questions that will impact the proposed $4 billion settlement for hundreds of lawsuits. This settlement depends on whether the insurance companies can continue their lawsuits against some defendants. The insurance companies have paid over $2.3 billion to fire victims and are seeking to recover money for those payments and future payments through their own lawsuits against those who are responsible for the fire.  The insurance company lawsuits have so far blocked the potential settlement for your benefit.

      Judge Cahill had previously ruled to that the insurance companies could not pursue their own lawsuits. To help get this issue resolved as quickly as possible, he then requested the Supreme Court's guidance. The Hawaii Supreme Court has established a timeline for the parties to submit their briefs by mid-December.  We are hopeful that the Court will rule on the issues in early 2025.

    • 9/4/2024:

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      On August 30th, Judge Cahill ruled that he wanted the Hawaii Supreme Court to review his prior decision that the Hawaii subrogation statute applies to the property insurers’ subrogation claims.  According to the plain language of the subrogation statute, and consistent with its legislative history, the insurers must pursue their subrogation claims in the Second Circuit (Maui), where the Plaintiffs’ claims are filed, and prove the validity of their claims.  The Plaintiffs are hopeful that the Supreme Court will address this question, and other related questions, soon, but at this point we do not know when the Supreme Court will rule.

    • August 15, 2024:

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      On Tuesday, August 13, Judge Cahill removed a significant barrier to the proposed $4 billion global settlement. Insurance companies had initiated separate lawsuits against the same defendants to recover damages of $2.3 billion for themselves for the Maui fires. Judge Cahill ruled that they cannot proceed with their own independent actions and that their claims should be decided in his courtroom along with your claims. This was an important step in stopping the insurance companies from blocking a global settlement. There is still more work to be done, and we will continue to update you. 

      What's next?

      • Judge Cahill will formalize his Tuesday bench order into a written document, a necessary step for finalizing the proposed settlement.

      Governor Josh Green, who played a key role in negotiating the settlement, commended Judge Cahill’s decision and called on insurance industry attorneys to avoid appealing the order which would further delay the settlement for the people of Maui.

    • August 2024:

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      Recently, there have been news reports about the Maui Fire cases being settled. These reports were not accurate.  We have been part of a confidential mediation process to find a way to resolve all Maui Fire cases so that you and the other survivors can get closure and compensation as soon as possible.
      We have agreed to a tentative framework to explore settlement of your individual claims.  This does NOT mean your case is settled.  Only you can decide to settle your case.
       
      Here are some of the important details of the settlement framework we agreed to:
      • Defendants will pay approximately $4.037 billion into a settlement fund. More specifics on these contributions are to be determined.
      • A neutral claims administrator, who is not connected to any party in the lawsuit, would propose a value for each individual claim.
      • You will have the right to opt-out of the settlement.
      The Governor was heavily involved in the mediation process.  The $4.037 billion settlement amount was proposed by three experienced, neutral mediators.  They made this proposal because, if the case doesn’t settle soon, HECO will file for bankruptcy, which would delay litigation and resolution indefinitely.
    • July 2024:

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      Many of you may have seen news articles announcing that a global settlement has been reached in the Maui Fires. The articles have not been accurate. While mediation discussions have occurred, mediation participants are subject to strict confidentiality. When the mediation process is completed, we will let you know.

      The first 9 households’ cases are scheduled for trial in November, two of which are our clients. Motions, expert disclosures, and other pretrial deadlines are happening in rapid succession, so the LYS & FLG team is hard at work getting ready.

      June 2024:

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      Last fall, LYS and FLG filed the first wrongful death case and one of the first cases involving the complete loss of a home. Those cases are now among the first cases set for trial in November 2024, so they will be the first cases in those serious categories of damages to be tried to a jury. We have also filed our second wave of cases and will be continuing to file new cases on a rolling basis until the statute of limitations expires.
    • May 2024:

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      Judge Cahill set one of our filed cases for trial on November 18, 2024. Leavitt, Yamane & Soldner (LYS) and Frantz Law Group (FLG) filed the 1st wrongful death case.

      April 2024:

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      Now that we have overcome the defendants’ effort to move the cases to federal court on Oahu and been remanded back to State court on Maui, we are filing the next round of cases covering all types of losses. The court is setting the first trial dates, which could be as early as this year for the first Lahaina trials. Discovery is very active with information being sought and received from all the responsible parties. As expected, there are disputes and delays by the defendants in producing some of the evidence, but we have been receiving it (and it will keep coming) and the experts are analyzing it. There is other activity going on in the litigation, e.g., motions, coordination, and planning of the many cases, including which ones will be the first ones to be set for trial.
    • March 2024:

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      The plaintiffs succeeded in getting the cases ordered back to the Maui court so we can move forward unfettered toward trying to get resolution.

      March 11, 2024:

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      The plaintiffs succeeded in getting the cases ordered back to the Maui court so we can move forward unfettered toward trying to get resolution.

      March 8, 2024:

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      Judge Cahill granted all CMO's over objections and upcountry trial dates set to begin in August with no further delays.
    • February 8, 2024:

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      In spite of the removal, the plaintiffs were able to get the federal court to agree that discovery should not be delayed while jurisdiction is determined. We have been able to prevent delay in the most important part of the case right now, which is forcing the defendants and others to produce information and documents so that we, and our experts, can move ahead with preparing our cases for trial. Once jurisdiction is resolved, we expect to file the remaining cases that we are handling.

      February 2024:

      Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

      The defendants have removed the cases to Federal Court because they do not want to be in the state court on Maui, where they could face Maui juries, and because they want to cause delay. The plaintiffs have filed motions to return the cases to Maui, where they belong.

    Meet Our Attorneys

    The talented team of attorneys at Leavitt, Yamane & Soldner's Honolulu-based personal injury law firm and the decades of wildfire experience attorneys at Frantz Law Group are dedicated to helping individuals and their families navigate through a painful and difficult time in their lives. Whether you're local or a visitor to Hawaii, if you have been injured by the negligence of others, you do not have to face the challenges alone. We will do our best to help you put your life back together.

    LYS Lawyers

    John D. Yamane
    Mike Cruise
    Woody Soldner
    Aaron Creps
    Rafael Renteria
    Nicole Kalakau
    Elena Kau‘i Yamane

    Frantz Law Group

    James P. Frantz
    Regina Bagdasarian
    Ward S. Clay
    George Stiefel
    Contact Us

    Frequently asked questions from our clients

    We excel as personal injury lawyers because we have a passion for helping people. We know you're going through a difficult time, and we do everything we can to make things easier while you and your family focus on your recovery.

    At the Honolulu office of Leavitt, Yamane & Soldner we have the financial resources, experience, and the team to handle the most serious personal injury cases and win whether through settlement or trial. When you choose us, we commit all our resources to ensure a favorable outcome.

    What is a wildfire claim?

    A wildfire claim is a lawsuit filed in civil court in the State of Hawaii pertaining to the damages that a person suffered as a result of a wildfire. This type of legal action is aimed to help the claimant recover compensation or make a financial recovery for any losses, damages, injuries, or negative impacts that they face that were caused by the Hawaii wildfires.

    How do I know if I am eligible to file a Maui wildfire claim?

    In general, wildfire claims can be filed by any person or entity that suffered a loss, injury, damages, or other negative impacts caused by wildfires. To determine if you are eligible to file a Maui wildfire claim, you must have suffered some type of personal injury, property damage, or both as a result of the Hawaii wildfires. Entitled parties can include any renter, property owner, or business entity. This can include any type of damage to your land, home, or personal belongings. It can also include any physical and emotional harm brought on by the tragic event. If you are unsure of whether you have a right to pursue legal actions, you should consult with a wildfire claims lawyer right away.

    What evidence do I need to support my claim?

    Gathering evidence is crucial in supporting your Maui or Lahaina wildfire claim. You should make sure that you keep all records including video or pictures on your phone.

    What is the role of my insurance company in a wildfire claim?

    If you are a homeowner who was insured for this tragedy, your homeowner’s insurance should pay for the cost of replacing or rebuilding your home depending upon the terms of your insurance contract. Your insurance company should treat you fairly, understanding that you paid insurance premiums to protect yourself financially from the loss of your home.   Unfortunately, some insurance companies will use this tragedy to lowball customers or to delay payment by burying homeowners in red tape and documentation demands knowing that victims are vulnerable and often without financial resources.

    Will my insurance cover all losses caused by the fire?

    The extent of coverage that is provided by your insurance policy generally depends on the specific terms and conditions within. There are some policies that only cover certain types of losses while specifically excluding others, such as damage caused by smoke or even landscape restoration expenses. Reviewing your policy carefully and consulting with an attorney will help to clarify what type of coverage you can expect based on your specific circumstances.

    What about claims that are not covered by insurance?

    If your insurance claim is denied or you receive insufficient compensation, you have the right to seek full compensation for your damages by filing a lawsuit or claim against the wrongdoers who created or contributed to causing this preventable tragedy.   Retaining a wildfire lawyer is vitally important to protect your rights.

    What is the statute of limitation on a Maui wildfire claim?

    In Hawaii, those harmed by wildfires typically have up to two years from the date of the incident to file a claim for damages. However, there are several circumstances that can impact the amount of time that you may have to file your claim. It is best to see guidance from an attorney who can guide you through the process and ensure all your court filings happen on time.

    In general, waiting is not a good choice when pursuing a legal claim.

    Should I hire an attorney for my wildfire claim?

    Yes. Though it is not required, hiring an experienced attorney who has experience with complex wildfire claims will significantly increase your chances of receiving fair compensation. We can navigate complex legal processes on your behalf and seek maximum compensation for your losses.

    If you have any questions about your wildfire claim that were not answered here, you can give us a call or reach out on our live chat anytime to get the answers you need.

    Contact Us

    News & Insights

    A gathering of news articles to help inform you of your rights as a citizen in the state of Hawaii. If you have any questions
    please feel free to reach out to us, we also proudly offer free initial consultations to all prospective clients.
    It has roots in a piece of classical Latin literature from 45 BC, making it
    Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text...
    Read More >
    It is a long established fact that a reader will be distracted by the readable
    Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text...
    Read More >
    Where does it come from lorem Ipsum has been It has survived?
    Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text...
    Read More >
    See more insights

    Contact Us

    Frantz Law Group

    MAUI 1325 S. Kihei Rd.
    Unit 102-C
    Kihei, HI 96753
    Ph: (808) 354-0112

    Leavitt, Yamane & Soldner

    737 Bishop Street, 
    Suite 1740
    Honolulu,
    Hawaii 96813

    Main Office:

    808-521-7474

    New Case Inquiries:

    808-563-4073

    Facsimile:

    808-521-7749