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One Ohana Foundation on Friday began accepting applications from families who lost loved ones or were seriously injured in the Maui wildfires.
A $175 million fund to compensate the families of those killed in the deadliest U.S. wildfires in more than a century is named after the Hawaiian word for family.
The Maui Wildfire Victims Fund will also make payments to those hospitalized with serious injuries.
If confirmed by former Hawaii Island Third Judicial Circuit Judge Ronald Ybarra, the families of those killed would receive $1.5 million. Those seriously injured will be given a contribution to be determined by Ibarra.
Maui County has confirmed 101 deaths from the Aug. 8 wildfire that destroyed the historic town of Lahaina. Two people are still missing.
Gov. Josh Green established the fund Tuesday as an option for survivors considering suing the state of Hawaii, Hawaiian Electric and other power companies and landowners for their roles in the fires.
Those who receive funds from the fund waive their right to sue the organizations that contributed to the fund. Hawaiian Electric was the single largest underwriter with $75 million, followed by the state of Hawaii with $65 million, landowner Kamehameha Schools with $17.5 million and Maui County with $10 million.
Green said if you file a lawsuit, it could take three, four or even five years to receive your money and you could incur significant legal costs.
“This recovery fund represents an offer, and it’s really up to people to decide whether or not to accept this offer,” Green said Tuesday in announcing the opening of Friday applications.
Maui lawyers are offering their services free of charge to people who want to weigh the pros and cons of accepting the One Ohana Fund settlement or filing a lawsuit.
Multiple lawsuits have already been filed on behalf of wildfire victims against the state, counties, utility companies, and landowners.
Hawaii lawmakers have not appropriated the $65 million needed for the state’s share. Green said he hopes the state will do so with the understanding that it is a “compassionate” approach and a way to avoid costly and lengthy litigation.
But even if that weren’t the case, Green said his emergency declaration for the wildfires gave him the authority to suggest the state’s share.
Mr. Greene appointed Mr. Ybarra, who works pro bono, to oversee the One Ohana Fund. That’s because “it’s important to have local people who really understand the people of the state and the people in rural areas.”
Ybarra said $25 million of the fund will be set aside for seriously injured people. He said up to $10 million more would be provided to the injured if funds remained after the families of the dead were compensated.
Green said if any funds remain after all claims are paid, the balance will be returned to funders in proportion to the amount donated. The governor said it was unlikely that all survivors would file compensation claims.
“I would be very surprised if 100 percent of people accepted this offer, because some people would think it would be better to sue. That’s totally fine,” he said.
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