Property Damage

At LKC, our attorneys are here to help victims of injury to real or personal property through another’s negligence, willful destruction, or by some act of nature. In lawsuits for damages caused by negligence or a willful act, property damage is distinguished from personal injury. Property damage may include harm to an automobile, a fence, a tree, a home, or any other possession. The amount of recovery for property damage may be established by evidence of replacement value, cost of repairs, loss of use until repaired or replaced, or, in the case of heirlooms or very personal items (e.g. wedding pictures) by subjective testimony as to sentimental value.

As a property owner, there are a variety of issues to tackle in the event your property is damaged by natural forces or human error. Often times, you must act quickly to ensure that your insurance company provides fair and just compensation to cover repair costs. The attorneys at LKC understand that insurance companies often attempt to delay or deny a property damage claim for the sake of making a profit. This is why it’s important to have an experienced property damage rights legal team on your side to make sure you are treated fairly and obtain the maximum compensation you were promised.

What Are the Different Types of Property Damage Claims?

Insurance policies for home or business owners usually cover a wide range of claims. However, it is not uncommon that owners do not know what damages are covered by their policy. An experienced attorney will help you understand exactly what your policy covers and then work tirelessly to defend your right to receive fair reimbursement.

Some of the more common causes of property damage include:

  • Earthquakes
  • Hurricanes/storms
  • Landslides
  • Fire/smoke
  • Mold/bacteria
  • Construction defects
  • Pipe bursts/water leak
  • Foundation cracks
  • Subsidence
  • Failure to inspect or repair faulty machinery or structures

Homes and businesses are susceptible to countless damages that can quickly decrease the value of the property. While property insurance is supposed to protect owners from disasters and negligence, a skilled lawyer may be necessary to protect property owners from being taken advantage of by his or her insurance company.

Bad Faith Insurance or DTPA (Deceptive Trade Practices Act)

Unfortunately, just because an insurance company claims to have your best interests in mind, far too often, insurers will use deceptive tactics to make it difficult for property owners to get full reimbursement. Insurance companies want to protect their bottom line; however, refusing to honor a binding contract such as an insurance policy is not only considered bad faith but also a civil injury. You may be entitled to receive statutory damages if you are able to assert a breach of insurance contract claim or “bad faith claim” against the insurance company.

If you or someone you know has sustained property damage or has been the victim of a bad faith denial of an insurance claim, the attorneys at LKC may be able to help. Contact us to discuss your potential case by filling out the form on this page or by calling us to arrange for a free initial consultation.

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