Property Damage Claims
Property damage is any physical damage that occurs to tangible property. The damage can be the result of another person’s negligence, willful destruction, or an act of nature. While insurance usually comes in to play to cover the loss, compensation may need to come from the offending party directly, like in cases where the costs of damage exceed the policy limits. The amount of compensation due is usually determined by the value of the property and/or the cost to replace or repair the damage, or costs incurred until the property can be replaced or repaired. Determining compensation becomes more subjective in the case of heirlooms or property with sentimental value as these items may not be able to be replaced.
Property Damage Due to Negligence
Most property damage claims arise when someone fails to exercise reasonable care, resulting in damage. To establish the responsible party for property damage caused by negligence, you usually need to prove the person had a duty to be careful, they breached that duty, their failure directly caused the damage, and you experienced a real and measurable loss because of it.
Property damage caused by negligence can happen in many ways. It might be from a car accident, poor work by a contractor, a landlord not taking care of a property, or many other situations where a person or business fails to exercise reasonable care.
Causes of Property Damage
Property damage that may arise from another person’s negligence can include common events like an auto accident, or even damage that results from construction defects like foundation cracks or improper electrical or plumbing work. A less common cause of damage arises due to subsidence, or when the ground beneath a property experiences a sudden sinking or settling. When this happens a structure may tilt, break, or collapse completely. While subsidence can occur due to natural causes, it is most commonly caused by the removal of water, gas, mineral resources and oil.
Types of Property Damage
Willful destruction of property occurs when a person damages property intentionally and is usually categorized as vandalism. This can include anything from breaking a window to setting a house on fire.
Damage resulting from an act of nature can include wind damage from hurricanes or tornadoes, flooding, wildfires, lightning strikes, earthquakes, and burst pipes from cold weather.
Insurance adjusters, whether they work for you or the person who damaged your property, ultimately work for the insurance companies. As such, they will often try to deny your claim or vastly underpay on the claim.
How Much Can You Sue for Property Damage?
There isn’t a set dollar limit for property damage claims. The amount you can recover, and where you file your claim, depends on several factors:
- The Value of the Damage: Usually, compensation is based on how much it costs to repair or replace your property.
- The Type of Damages: Besides the direct cost of the damage, you might be able to recover related costs, like lost use of your property. If the damage was caused on purpose or by reckless behavior, you could also seek punitive damages.
There are deadlines for filing. Each state has its own statute of limitations for property damage claims, so it’s important to act before time runs out. Since these limits and deadlines are different in every state, how much you can recover will depend on where you live and your situation. Contact The Cochran Firm to discuss the potential value of your claim.
What to Expect in a Property Damage Lawsuit
During a property damage lawsuit, the plaintiff will file legal action against the person who damaged their property, called the defendant, for the purpose of recovering reimbursement to repair or replace the damaged property and can be based on several different damage claims.
Compensatory damage claims are intended to cover the costs involved in repairing or replacing the damaged property. Any costs incurred because the damaged property was rendered unusable, like a store having to close temporarily after having a vehicle crash through it, are covered in consequential damage claims. Punitive damage claims do not arise due to the actual damage to property, but as punishment for the defendant and to discourage others from acting in a similar manner. Punitive damages can only be awarded if the plaintiff has been awarded compensatory damages and will usually not exceed ten times the amount awarded for compensatory damages. Lastly, incidental damage claims aim to cover expenses that arise due to the loss or damage of property. For example, the cost of a rental vehicle while the plaintiff’s vehicle is being repaired could be claimed as an incidental damage claim.
What Can I Do If Someone Damaged My Property?
If someone has damaged your property, you can take these steps to protect your claim:
- Make Sure to Document Everything: Take photos and videos of the damage as soon as you can, before starting any repairs.
- Figure Out Who is Responsible: It might be another person, a business, or a contractor.
- Get Written Repair Estimates From Qualified Professionals: This will help show how much it will cost to fix or replace your property.
- If You Have Insurance, File a Claim: Report the damage to your insurance company or the other party’s insurer, depending on the situation.
- Keep Track of All Your Communication: Save emails, letters, texts or other electronic communications, and notes from any calls with insurance adjusters or the other party.
- Speak With an Attorney: Insurance companies may offer less than your claim is worth, so an attorney can review the offer before you agree to anything. When you contact a property damage attorney, they can help guide you through the claims process while you focus on repairing or replacing your property.
Speak With The Cochran Firm About Property Damage Claims
Like in any legal matter it is important to hire an attorney who is knowledgeable in the type of lawsuit you are looking to file. In the case of property damage, you will want an attorney with the experience and resources to recover your losses, whether that is from the person who did the damage, their insurance company, or your insurance company. If your property has been damaged contact The Cochran Firm today.
