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HONOLULU (AP) – Hawaii Gov. Josh Green said Tuesday that a $175 million fund to compensate families of people killed in the deadliest wildfire in the United States in more than 100 years will be released this weekend. They announced that they will start accepting applications.
The Maui Wildfire Victims Fund will also make payments to those hospitalized with serious injuries.
The families of those killed will receive $1.5 million after eligibility is verified by a former Hawaii judge. Those seriously injured will receive a share determined by the judge. Maui County has confirmed 101 deaths from the Aug. 8 wildfire that destroyed the historic town of Lahaina. Two people are still missing.
Green established the fund 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 up to people to decide whether or not to accept this offer,” Green said in the announcement and press conference.
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 propose the state’s share.
Ronald Ybarra, a former state judge and chief judge of the Third Circuit Court in Hilo, will serve as the fund’s administrator and evaluate claims.
“It’s important to have local people who really understand the people of our state and the people of our rural communities,” Green said.
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% of people accepted this offer because some people would think it would be better to sue. That’s absolutely fine,” he said.
The fund is named One Ohana, after the Hawaiian word for family. Applications will be accepted starting March 1st.
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