Historic $4.012 Billion Settlement Reached in Maui Wildfire Case

Ben Cannon

Author

In an extraordinary achievement, a $4.012 billion settlement has been negotiated on behalf of the survivors of Lahaina, Maui, in less than a year following the devastating wildfire. This rapid resolution is a testament to the hard work and dedication of Mikal Watts and his collaborative team of lawyers, investigators, and experts at Watts Law Firm LLP, along with co-counsel Jan K. Apo and the attorneys and staff of Apo, Reck & Kusachi, LLP.

The real heroes of this litigation, however, are the individuals and families who have endured unimaginable loss. Their courage and resilience in the face of such adversity are the driving forces behind this legal pursuit. These survivors and the families of those who tragically lost their lives have not only borne the brunt of this catastrophe but have stood strong, supporting one another and advocating for change to ensure that such disasters do not recur.

Their determination to seek justice and their unwavering support of one another throughout this challenging process underscore a profound community strength that has been critical to the pursuit of this settlement. Their actions remind us that, while legal experience can navigate the complexities of the courtroom, the enduring spirit of those affected is what truly shapes the course of justice.

The settlement, reached with Hawaiian Electric Company, Inc., Hawaii Electric Light Company, Inc., and Maui Electric Company (HECO), signifies a crucial advancement in the restoration of the Lahaina community and provides significant restitution to those affected by the fires. Mikal Watts has a long-standing history of effectively handling complex wildfire cases. His experience and proactive approach in navigating these intricate legal battles have once again proven instrumental in achieving a resolution that not only compensates the victims but also underscores the power of skilled legal advocacy in bringing about swift justice.

The devastating Maui wildfires resulted in over 100 fatalities and ravaged 2,107 acres. This staggering $4 billion settlement highlights the critical need for corporate entities to uphold their responsibilities in safeguarding the communities and environments they impact.

“This settlement will accelerate the long road back for the town of Lahaina. It provides billions of dollars to finance the reconstruction of this beautiful and historic town. While this settlement can never bring back those innocent souls who were lost, perhaps the message sent by this multi-billion dollar settlement will ensure that these good people did not die in vain,” said Watts.

“The cost of wildfire litigation settlements is so much higher than reasonable investments to upgrade one’s utility grids. Today’s settlement is yet another alarm bell that should be heard by utilities across America – put people before profits, or you will lose your profits when we force you to pay the people you harm,” said Watts.

Watts Law Firm LLP: A Legacy of Leadership in Wildfire Litigation

With a distinguished 35-year career at the helm of complex legal battles, Mikal Watts has successfully represented over 20,000 clients in this field and negotiated settlements nearing $19 billion related to utility-caused wildfires across the United States.

Mikal has played crucial roles in numerous high-profile cases, including the Dixie Fire, McBride Fire, and McKinney Fire. One of his most notable achievements was serving as lead counsel in the landmark $13.5 billion settlement following the devastating California Camp Fire in 2018 and the Tubbs Fire in 2017.

Watts secured over $500 million in recoveries from the Archie Creek Fire in Oregon earlier this year. His adept leadership in these cases has not only brought relief to thousands of survivors but also influenced significant changes in utility practices and safety standards.

Mikal Watts is currently working diligently in the Texas Panhandle, confronting similar challenges and advocating for the safety of local communities. This region, prone to wildfires due to its unique climate and environmental conditions, has seen recurrent issues with utility management and infrastructure maintenance. By actively pursuing these cases, Watts aims to compel utility companies to prioritize substantial investments in safety upgrades and diligent maintenance, ensuring such devastating fires become a relic of the past. His proactive approach in Maui and the Texas Panhandle is part of a broader strategy to enforce stricter regulatory compliance and promote safer utility practices nationwide.

This track record of securing swift and substantial resolutions exemplifies Watts Law Firm LLP’s ability to navigate the complexities of wildfire litigation, ensuring that communities devastated by preventable, utility-caused fire receive the compensation and closure they deserve.

Local Insight and Personal Advocacy: Jan Apo’s Role in the Maui Wildfire Litigation

Jan K. Apo of Apo, Reck & Kusachi, LLP, brought invaluable local insight and personal experience to the Maui wildfire litigation team. As a resident and attorney in Lahaina, Apo was profoundly affected by the fires, which tragically took the life of a family member and destroyed his homes and property. This personal loss deeply connected him with the emotional and physical devastation experienced by the community, enhancing his advocacy with genuine empathy and urgency.

Apo has actively championed legislative reforms in Hawai’i to improve utility grid safety and infrastructure, tirelessly testifying before the legislature and organizing public campaigns to influence legislative actions. His efforts aim to prevent such disasters in the future and ensure utility companies are held accountable, reflecting his deep commitment to his community and his comprehensive understanding of the intricate legal and legislative challenges involved.

Next Steps: Documenting Plaintiff Claims for Individual Compensation

Following this historic settlement agreement with Hawaiian Electric for the Maui wildfires, the next critical phase for affected residents involves the continuation of gathering detailed documentation and substantiation of individual claims. This process is essential as the settlement is not a class action where each participant receives a uniform amount, but rather a structured agreement where compensation varies based on documented losses.

Survivors are required to meticulously document their damages across several categories, including real and personal property damage, vehicle losses, business income losses, and personal income losses. Detailed evidence such as medical records, photographs of damages, and personal accounts will play a crucial role in substantiating claims and maximizing potential settlements.

The funds from the settlement will be placed into a trust designed to distribute compensation equitably among the plaintiffs. The amount each survivor receives will depend on the extent of their documented losses, ensuring that compensation is accurately aligned with the individual impacts experienced.

As the settlement progresses, it’s imperative that all affected residents continue to work closely with their legal teams to ensure the thorough and accurate documentation of their claims. This collaborative effort is crucial in transitioning from the settlement agreement to the tangible rebuilding of lives and communities devastated by the Maui wildfire.

To facilitate this process, we urge all clients to maintain open lines of communication with your attorneys and paralegals when they reach out to you. Prompt responses to any requests for information or documentation are essential. By swiftly and accurately providing the necessary details and paperwork, you help expedite the evaluation and compensation process, ensuring that you receive the maximum amount you rightfully deserve.

This phase of the settlement is not just about processing claims; it’s about ensuring that each client’s unique circumstances and losses are fully recognized and adequately compensated. The effectiveness of this phase heavily depends on the cooperative and proactive engagement of each client with our team. By staying engaged and responsive, you play a vital role in the efficient distribution of settlement funds, which is the final step toward recovery and rebuilding after such a significant loss.

Watts Law Firm LLP’s Mission: Making Wildfire Litigation Obsolete 

At the heart of Watts Law Firm LLP’s wildfire litigation practice lies a mission steeped in both advocacy and aspiration: to render their own wildfire practice obsolete by eradicating the need for such lawsuits through systemic change. This bold vision reflects a commitment not just to seek justice for clients but to drive a transformation in utility industry standards that prioritizes safety over profit.

Mikal Watts has consistently highlighted how these lawsuits serve as a powerful tool to impose financial consequences on utility companies for neglecting safety measures. By making it financially burdensome for companies to ignore maintenance and safety, the firm incentivizes these entities to invest more proactively in robust safety protocols and infrastructure upgrades. This strategic approach aims to reduce the frequency and severity of wildfires, ultimately protecting communities and saving lives.

Watts Law Firm LLP champions this cause with the belief that thorough and relentless legal pursuit will lead to an environment where safety is paramount, thereby reducing the occurrence of devastating wildfires. The firm’s ultimate goal is to ensure that utility companies implement such comprehensive safety measures and maintain such high standards that the need for litigation due to negligence becomes a relic of the past. This commitment is not just about winning cases but about making a lasting impact that enhances public safety and corporate accountability, ensuring no community has to suffer from preventable disasters ever again.

“>