Legal Question in Personal Injury in California

A person accidently starts a fire while burning on a burn day. A citation is issued by the Fire Dept. Two other neighbors suffer some loss as a result. Does the guilty party need a lawyer when going to court? Or is it advisable for the guilty party to just handle it him/herself. Thank you


Asked on 12/14/11, 1:15 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

"Guilty" of what? If you accidentally started a fire, I'm not aware that that's a crime. If you answered questions from the police or fire officials, probably they will say you confessed to intentionally setting the fire. If you are accused of a crime, consult a lawyer without delay and say nothing at all to the police or fire officials. Do not repeat not "attempt to handle it yourself." Call your homeowners' or renters' insurance carrier at once so that they can handle any damage claims.

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Answered on 12/14/11, 3:30 am
Edward Hoffman Law Offices of Edward A. Hoffman

Mr. Stone is right that the word "guilty" implies a criminal case. My sense, though, is that you are being sued civilly. If these are small claims cases then you cannot bring a lawyer to court with you, but you can consult with one beforehand. If the cases are more substantial you should probably get a lawyer to represent you. The more money the plaintiffs are seeking, the more important having a lawyer will be.

If you have liability insurance (which is included in most homeowner's policies and many renter's policies) you should tell the insurer about the lawsuit right away. It may provide you with a lawyer and may pay part or all of any judgment or settlement amount.

Good luck.

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Answered on 12/14/11, 3:25 pm

I agree with Mr. Hoffman. This is a matter for your homeowners insurance company.

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Answered on 12/15/11, 1:54 pm


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