California wildfires, Texas freeze, Hurricane Ian. Insurance denies claims while fossil fuel companies knew for 50 years. Emerging litigation: Climate attribution science + failure to warn. The law is catching up.
Emerging area of law—consult attorney for case-specific evaluation
Tell us about your climate-related damages
⚠️ Climate attribution lawsuits are cutting-edge litigation. No major settlements yet, but 28+ cases filed by states/cities against fossil fuel companies. Individual claims focus on: Insurance bad faith, municipal liability for infrastructure failure, real estate disclosure failures. Statutes of limitations vary—consult attorney immediately.
Climate change litigation is evolving rapidly. Three categories: (1) Government lawsuits against fossil fuel companies (public nuisance, failure to warn), (2) Insurance bad faith (denying climate-related claims), (3) Property disclosure failures (sellers/developers concealing climate risks). Individual climate tort claims are rare but increasing.
Key challenge: Causation. Climate attribution science can now link specific extreme weather events to greenhouse gas emissions (e.g., "Hurricane X was 40% more intense due to warming"). But proving specific defendant caused specific harm remains difficult. Most successful climate cases involve fraud/disclosure failures, not direct causation.
Recent developments: Honolulu suing fossil fuel companies for sea level rise damages. Rhode Island suing for coastal infrastructure costs. Youth plaintiffs winning constitutional right to stable climate (Montana 2023). California requiring climate risk disclosures. Law is shifting rapidly—2020s will define climate liability.
Property owners, insurance policyholders, anyone harmed by extreme weather or disclosure failures.
Most climate litigation is by governments (states, cities) suing fossil fuel companies for public nuisance, seeking damages for infrastructure adaptation costs. Individuals rarely sue fossil fuel companies directly—causation too difficult. Individual claims focus on: Insurance disputes, real estate fraud, municipal liability.
Can individuals join government climate suits? Generally no—these are parens patriae (government suing on behalf of public). But individuals benefit if governments win: Settlements fund climate adaptation, disaster relief, infrastructure upgrades. Also creates legal precedent for individual claims.
Insurance bad faith: Policy limits + damages. Real estate fraud: $50K-$500K. Municipal liability: $100K-$1M+. Fossil fuel suits: No settlements yet.
If insurer wrongfully denies climate disaster claim: (1) Policy benefits owed, (2) Consequential damages (lost use, temporary housing), (3) Emotional distress, (4) Punitive damages if denial was intentional. Average bad faith awards: $100K-$500K+ depending on policy size and conduct.
Seller failed to disclose sea level rise, wildfire risk, flood zone: (1) Rescission (unwind sale, return property, get money back), (2) Damages (property devaluation, repairs), (3) Fraudulent concealment: Punitive damages. California requiring climate disclosures—failure = fraud.
City failed to adapt drainage, seawalls, fire prevention: (1) Property damage from flooding, fires, (2) Personal injury/wrongful death, (3) Lost property value. Sovereign immunity limits municipal liability in some states—exceptions for negligent maintenance, known hazards.
Focus on insurance disputes, disclosure failures, municipal liability. Fossil fuel suits are government-led.
Prove your loss and its link to climate event.
Exhaust insurance remedies before suing other parties.
Did seller conceal climate risks?
Did city fail to maintain infrastructure?
Government lawsuits may create openings for individual claims.
Property damage: 2-6 years from disaster. Insurance bad faith: 2-4 years from denial. Fraud: 2-4 years from discovery. File immediately.
Wildfire/flood property damage: 2 years from disaster. Real estate fraud (climate disclosure): 4 years from discovery. Insurance bad faith: 2 years from denial.
Hurricane property damage: 4 years. Insurance disputes: 5 years (breach of contract). Fraud (developer concealing sea level rise): 5 years from discovery.
Freeze, flood, extreme weather damage: 2 years from event. Insurance bad faith: 2 years from denial. Municipal liability: 2 years (with notice requirements).
Coastal flooding, sea level rise: 3 years from damage. Fraud: 6 years (longer for fraudulent concealment). Insurance disputes: 6 years (contract).
Shortest statute. Hurricane, flood damage: 1 year from disaster. Insurance claims: Must file suit within 1 year of denial. Miss deadline = no recovery.
Government climate suits often invoke ongoing nuisance (no statute bar). Rhode Island v. Chevron: Statute runs from each day of ongoing sea level rise damage. Helps governments but doesn't apply to individual claims.
⚠️ Climate disasters happen suddenly—file immediately. Insurance claims have strict notice requirements (days to weeks). Property damage statutes run from disaster date, not when climate attribution is proven.
💡 Don't wait for climate science to evolve. File insurance/disclosure claims now. Fossil fuel attribution cases are years away from settlements, but individual claims based on existing law (bad faith, fraud) are viable today.
Emerging area of law—answers reflect current status, likely to evolve
Climate cases require cutting-edge legal strategies. We connect you with attorneys handling insurance bad faith, disclosure fraud, and municipal liability claims.