Eaton Fire Survivors: Participating in the SCE Compensation Program Will Affect Your Right to Sue

On September 17, 2025, SCE released its proposed “Wildfire Recovery Compensation Program” that purports to offer compensation to Eaton Fire survivors. Despite not accepting responsibility for the Eaton Fire in court, the program materials state that SCE will provide payments outside of a lawsuit to individuals and businesses impacted by the Eaton Fire.

During our experience representing survivors of California fire and utility disasters, we have seen compensation programs like this before. It is a calculated move that is used by utility companies to limit their financial exposure while also generating positive publicity.

Unfortunately, SCE’s protocol lacks important details about how the program will work as described more below. We have many questions that need answers and will update this page when we know more.  However, what we do know at this time is that the program will be administered by SCE, which means the very people who destroyed your community believe it is acceptable for them to unilaterally decide how much you should be compensated.  We will be raising these concerns and others with the judge at the October 2 Case Management Conference.

The drafted protocol does not explain what proof is necessary in order to access different elements of the program or how SCE will determine eligibility for different elements of the claim. Additionally, there are some noteworthy gaps. For example, under the “Fast Pay” program, it appears that when a home has been destroyed, the program will not provide compensation for structures other than the home itself, such as an accessory dwelling unit or detached garage.  Also, historically SCE has improperly calculated – in its favor – the diminished value of property after a fire.  It looks like they plan to do the same with this claims program.

According to the September 17, 2025, announcement, accepting an offer from the “Wildfire Recovery Compensation Program” will prevent you from pursuing future litigation against SCE related to the Eaton Fire. This means if you accept a payment from this program, you may be missing out on a significant amount of compensation that you would otherwise be entitled to as a part of your legal claims pursued through litigation.

Because SCE has not finalized the details of this program, it is difficult to say what is better. We do know that the September 2025 protocol does not provide compensation for many types of claims that an individual is able to pursue through a lawsuit.

When we know more details about the program, we are happy to consult with individuals affected by the Eaton Fire and discuss the best course of action for your unique situation.

To get in contact with our team, please fill out the intake form below or email lafires@classlawgroup.com or call 626-669-4886.

In past cases, similar direct-payment programs from utilities have offered survivors only a fraction of what they might have received through a negotiated settlement. Utilities create these programs during a critical period for survivors; after the initial shock but before a trial date establishes an expected timeline for potential settlements. At this point, the proposed SCE program has not been finalized and is currently under evaluation.