Property damage lawsuits can be a tedious and complex legal process. You may decide that filing a property damage lawsuit is right if you face an insurance denial, a low settlement offer, or a dispute over damages. Regardless of the reason for filing, these lawsuits can benefit an individual or business by allowing them to recover damages for incidents like fire, storms, vandalism, and accidents.
However, attempting to file your case alone can lead to crucial mistakes that prolong the process or result in a lesser payout than you deserve. Instead, call Lawrence & Associates Accident and Injury Lawyers, LLC. Our dedicated personal injury attorneys can help you understand how to file a property damage lawsuit and handle the legal process on your behalf. Contact us today to schedule a free case evaluation.
When Should You File a Property Damage Lawsuit?
Under certain circumstances, such as denied claims, inadequate compensation, and liability disputes, it may be necessary to file a lawsuit to recover compensation for property damage.
- Denied Claims: If your insurance or the other party’s homeowners insurance denies your claim, you may need to explore your legal options.
- Inadequate Coverage: If a settlement offers too little compensation for the damage your property sustained, you can sue to fully cover your losses.
- Liability Disputes: Denial of liability or disagreements about the percentage of fault can warrant a lawsuit.
- Significant Property Damage: When severe property damage occurs, a lawsuit may be necessary to recover compensation for repairs and other replacement costs.
For more information, review our frequently asked questions about property damage, and contact Lawrence & Associates for help building a solid case for compensation.
Steps to File a Property Damage Lawsuit
You must take several steps when filing a property damage lawsuit, including the following:
- Assess the Situation and Gather Documentation: Collect photo and video evidence of the extent of damage. Also, save police reports, witness statements, receipts, estimates, and other elements related to the property damage.
- Contact an Attorney: Consult with a lawyer. A seasoned attorney can work to collect evidence to establish fault and ensure all documentation is filed on time.
- File a Complaint (Lawsuit): After gathering evidence and consulting with an attorney, you can file a legal complaint that includes the following information:
- The parties involved in the incident
- A description of the incident and damage
- Reasoning for a claim
- A list of damages you are seeking
- Once the defendant is served a copy of the complaint, they have a set amount of time to respond.
- Pre-Trial Process: Both sides prepare their cases and exchange evidence before the trial. The pre-trial process is an opportunity to clarify the facts, identify key issues, and avoid a trial by agreeing to a settlement.
- Court Hearing and Trial: If a settlement cannot be reached beforehand, the case will proceed to trial, where both sides present their arguments and provide evidence, such as witness testimony. The judge or jury will then determine liability and damages.
- Post-Trial Actions (If Necessary): Once the court reaches a decision, you’ll receive the amount of damages awarded. If you disagree with the verdict, you have the right to file an appeal.
When Should You File a Property Damage Lawsuit?
Understanding what happens during the property damage lawsuit process will help you feel informed and confident throughout each step.
Timelines
To begin a lawsuit, you must first file a complaint. This must be done before the statute of limitations expires, which can vary depending on the type of property damage. You will need to collect evidence of damage to include in your complaint, along with a description of the incident and the damages you seek.
The discovery phase follows and can take two to six months or longer to complete. During this stage, each side gathers and exchanges evidence and interviews witnesses. At this point, a settlement may still be on the table if both sides can agree to it. Pre-trial motions follow the discovery phase and may last a few months. Either side may attempt to limit or dismiss the case.
During the trial, a judge or jury will hear the case and issue a decision about fault and damages. This stage typically occurs within six to 18 months after the initial filing. Lastly, both sides can take post-trial actions following a verdict. This could include appeals, collections, or compliance with the judgment.
Costs and Fees
A property damage lawsuit’s costs and fees will be based on the attorney you choose to work with and the unique factors surrounding the case. At Lawrence & Associates, our cost structure is based on a contingency fee model. This means that instead of charging a fixed upfront fee, our fees are based on the success of your case. You don’t pay anything upfront—we only get paid if we win your case.
Stress and Emotional Impact
Property damage cases can go beyond needing repairs or replacements. Often, these cases involve the loss or permanent damage of sentimental property, which can significantly impact your emotional well-being. A skilled attorney can be an excellent source of support during this difficult time. Our trusted team of attorneys can lift the burden off your shoulders by taking the lead on your case and handling the legal complexities.
Common Challenges in Property Damage Lawsuits
While a property damage lawsuit can help you recover your losses, you may face certain challenges along the way, including:
- Insurance Company Delays or Denials: It’s not uncommon for insurance companies to delay or underpay claims. When a settlement offer is inadequate to cover your losses, a lawsuit can help achieve a more substantial damage award.
- Proving the Extent of Damage: Calculating your property damage may sound simple enough. However, it may require expert assistance, especially when dealing with water damage, structural issues, and other problems that are not immediately visible.
- Defending Against Counterclaims: In some cases, the defendant may try to claim that you are the one at fault and owe them compensation. This can be incredibly frustrating when you are already dealing with significant property damage. An experienced attorney can help defend against these accusations and collect evidence to prove the other party’s fault.
Why Hire an Attorney for Your Property Damage Lawsuit?
When filing a property damage lawsuit, we highly recommend you work with a seasoned property damage lawyer who knows how to handle the legal issues and roadblocks that may come up. At Lawrence & Associates, our property damage insurance claim lawyers have got you covered.
Our dedicated team can provide thorough assistance with any property damage case, no matter the extent of damage. When you choose to work with L&A, you get a team that offers:
- Knowledge and expertise of property damage laws
- Extensive experience
- Skillful negotiation and litigation
- Advocacy and court representation
- Assistance in achieving maximum compensation
The Property Damage Attorneys at Lawrence & Associates Accident and Injury Lawyers, LLC Are Here to Help
At Lawrence & Associates Accident and Injury Lawyers, LLC, your case is our cause. Founded in 2005, our determined legal team has helped hundreds of clients recover the compensation they need to move forward with their lives.
Our insurance claim attorneys are well-versed in the legal realm of property damage lawsuits. They are committed to fighting for fair financial recovery for Cincinnati and Northern Kentucky residents. Contact L&A today to schedule a complimentary case evaluation.
