Pellicer & Heredia explains how victims can participate in the proceedings, what documentation they should retain and why it is important to avoid premature conclusion.
Following the serious wildfire in Los Gallardos, numerous families are facing the personal, material and financial consequences of a tragedy that has resulted in fatalities, injuries and damage to homes, businesses and livelihoods.
As the judicial investigation into the origin and circumstances of the fire progresses, Pellicer & Heredia has prepared an informative guide to help those affected understand their rights and the main stages of the proceedings.
The law firm emphasises that it is still too early to attribute responsibility and that any conclusions must be based on the technical, expert and documentary evidence gathered during the investigation.
“At a time of immense grief for the families, the priority must be to respect the victims’ personal circumstances and allow the investigation to proceed independently and without speculation. Our sole intention is to provide clear information so that those affected understand the rights granted to them under Spanish law,” explains Ignacio Pellicer, co-owner of the Pellicer & Heredia law firm.
An Investigation to Determine How the Fire Started and Spread
When an incident of this severity results in fatalities, injuries or significant material damage, the judicial authorities may open a criminal investigation to determine how the events occurred.
In proceedings of this kind, the following matters are usually examined, among others:
- The location and circumstances in which the fire started.
- The way in which the flames spread.
- The possible involvement of human actions or technical failures.
- The actions of the different services and authorities involved.
- The possible existence of criminal or civil liability.
For this purpose, reports may be obtained from the Guardia Civil, firefighting and emergency services, fire investigation specialists, independent experts and other technical bodies.
Pellicer & Heredia stresses that the opening of an investigation does not, in itself, imply that any specific individual, company or public authority is responsible.
Victims Can Actively Participate in the Proceedings
Spanish law allows directly affected individuals and, in certain cases, their relatives to formally join criminal proceedings by bringing a private prosecution.
This participation may allow them to:
- Receive information about the progress of the investigation.
- Access the case file under the conditions established by law.
- Request investigative measures aimed at clarifying the facts.
- Submit relevant documentation and evidence.
- Defend their rights and interests throughout the proceedings.
- Claim compensation, where appropriate, for the personal, material and financial damage suffered.
Formally joining the proceedings generally requires the involvement of a lawyer and a court representative known as a procurador.
“Seeking legal advice or formally joining the proceedings should not be interpreted as making a premature accusation. It is about ensuring that victims understand the process, are properly represented and can exercise the rights available to them,” Pellicer states.
What Documentation Should Affected Individuals Retain?
Although legal matters may understandably take a back seat during the initial stages, it is advisable to retain all documentation that may subsequently help prove the damage suffered.
Documents that may be relevant include:
- Photographs and videos of damaged properties or belongings.
- Medical reports and evidence of healthcare received.
- Repair invoices and quotations.
- Insurance policies, correspondence and claim files.
- Title deeds, contracts and documents relating to homes, land or businesses.
- Inventories of destroyed or damaged belongings.
- Receipts for expenses arising from travel, accommodation or the temporary loss of a home.
- Accounting documentation demonstrating financial losses or interruptions to professional or business activity.
It may also be advisable to retain messages, correspondence, official alerts and any other information relating to the development of the fire or the evacuation of the area.
Proceedings That May Continue for a Considerable Period
Investigations into large-scale wildfires usually require complex technical analyses, witness statements, expert reports and the examination of a substantial volume of documentation.
For this reason, it is common for a considerable period of time to pass before definitive conclusions can be reached.
During this period, those affected may need to coordinate the judicial proceedings with insurance claims and other potential routes to compensation.
“Speed should not take precedence over the quality of the investigation. What truly matters is that the evidence is preserved, all the circumstances are examined and victims are able to participate in the proceedings with full legal safeguards,” the law firm states.
A Legal Guide Intended Exclusively for Informational Purposes
Pellicer & Heredia has prepared this information for general guidance purposes and with the utmost respect for the victims, their families and the affected communities.
The content is not intended to anticipate the outcome of the investigation or attribute responsibility, but rather to explain in an accessible manner the rights that may be available to those who have suffered harm.
Each situation involves different circumstances and must be assessed individually.
About Pellicer & Heredia
Pellicer & Heredia is a law firm specialising in [include the main relevant areas of expertise], with experience advising individuals and companies in judicial proceedings and liability claims.
For further information or to request an initial legal assessment for informational purposes:
Pellicer & Heredia
Ignacio Pellicer.
ignacio@pellicerheredia.com
pellicerheredia.com
Legal notice: This press release is provided exclusively for informational purposes and does not constitute legal advice. The possible existence of liability will depend on the outcome of the judicial investigation and an individual assessment of the circumstances of each case.
