By definition, property damage is the injury to real or personal property through another’s negligence, willful destruction or by some act of nature.
Property Damage Lawyer California – In lawsuits for damages caused by negligence or a deliberate act, property damage is separate from personal injury. Property damage can include harm to a home, tree, fence, automobile, or any other possession claimed as personal property. This could be caused by an individual, or property damage can be caused by an act of nature. There are a few factors that go into the amount of recovery a client may see for their property damage claim. In the case of very personal items such as family heirlooms or sentimental personal property, subjective testimony is used to assess the sentimental value into a dollar amount. The amount of recovery for property damage may be established by cost of repairs, evidence of replacement value, and loss of use until repaired or replaced. Loss of use of the specific piece of property may also help determine a monetary amount a client may receive.
Property Damage Lawyer California – In a vast majority of cases property damage can either be negligent or intentional in nature. Negligent property damage is a result of another person acting carelessly. Intentional property damage is when someone acts maliciously and deliberately breaks or damages someone else’s personal property. As stated earlier, “personal property” can be a multitude of things and can include anything from real estate, like homes or office buildings, cars, clothing, or electronics. Both negligent and intentional damages have repercussions to the responsible party.
Property Damage Lawyer California – An unfortunate but very common example of negligent property damage would be if a negligent driver runs a stop sign or red traffic light and hits another car. The driver that caused the accident could be found guilty of negligent property damage to the other persons vehicle and could also be held liable for personal injuries that may arise due to the accident. Another situation that happens often due to negligence is home property damage. For instance, if a neighbor is trimming a tree and a branch falls on another neighbor’s fence, dramatically damaging it, the persons whose fence was damaged may be able to hold the other person responsible for monetary damages to fix their property. Often, the parties involved in situations that are obviously unintentional may be able to come to some sort of agreement regarding responsibility and a monetary agreement can be put into place, but if that is not the case it is a good idea to seek legal advice on what your rights are.
Property Damage Lawyer California – Property damage that can occur from someone’s deliberate wrongdoing can have unapparent consequences monetarily for the accused. If someone intentionally destroys a part of your personal property, you may be able to seek restitution not only for the actual cost of damages but any time taken off work waiting for the property to be fixed or replaced or extra costs accrued due to the damage. The costs may have to be proven in court using documents such as receipts, appraisal reports, or repair bills. It is not typical with a property damage case, but a victim may also claim emotional distress or pain and suffering, but that may depend on the type of property that was damaged and if there was any personal injury associated with the incident in question. In certain cases, the owner of the property may be awarded more money if they are able prove that the person who caused the damage did so intentionally. This is known as “punitive damages”. Punitive damages can be awarded simply for no other purpose but to punish the defendant for the conduct that had. It is not common and most victims receive only restitution for the actual damages to their property.
In a number of cases, if a defendant to a property damage claim has a reasonable explanation as to why the property was damaged, it may greatly reduce the amount of damages they are ordered to pay to the victim. For example, if the damages happened when the defendant was trying to defend themselves, another person, or to prevent greater injury from occurring to themselves or others than the situation could be deemed as justified and would not eliminate the liability but could lessen the monetary amount they are to pay.
Property Damage Lawyer California – If you are the victim of either negligent or intentional property damage caused by another party and you have been unsuccessful in dealing with the situation on your own, now is the time to contact Edelman Law Center. Property damage cases can be very difficult to deal with due to all of the extenuating circumstances. If you have been told that you have to pay your deductible for an accident that wasn’t your fault or if your insurance company has denied your claim, contact Edelman Law Center to get the legal counsel you will need to receive the monetary compensation that you deserve. Insurance companies have a responsibility to honor their customer’s policy coverage on property damage.
Insurance companies do not make a profit by paying property damage claims, so they may use stalling tactics or claim that the damages are not included in your policy’s coverage. A property damage policy exclusion may include clauses regarding “third party negligence”, where the company will try to claim that a circumstance is not covered. For example, if there is a fire in your apartment building and it burns down, the building owner’s insurance provider will attempt to claim that it was another resident’s negligence that caused the fire. Another example is if you have coverage for a hurricane, the company may claim the damage was caused by wind instead of the actual hurricane in an attempt to avoid paying for your claim. If you have received less than fair estimates, or have been denied coverage by either your insurance company or the responsibly parties, than it is best to contact a dedicated attorney to help you deal with the insurance company and property damage case.
Here at Edelman Law Center we are prepared to answer any legal questions you may have concerning your case. We offer completely free and confidential legal consultation and case evaluation from one of our trusted California personal injury lawyers. Schedule your consultation by calling toll free: 877.897.7228