what kind of attorney do you need to sue for property damage

Cases which involve a person who accuses another individual, company, government entity or organization of physical or psychological injuries will need the expertise of a personal injury lawyer. This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

Full Answer

Do I need a lawyer for a property damage claim?

Sue for property damages: Small claims court is the best option for claims under $10,000. It also helps you save up on exorbitant attorney and legal process costs. To sue and win, you would need to: Fill a compensation claim order in a small claims court; Serve the notice to the person responsible of your property damage and notify the court clerk

Can I sue for property damage in Small Claims Court?

The maximum amount you can sue someone for property damage in small claims court. If someone owes you $10,000 or less for damage to property such as a car after a car accident, then you can sue in a California small claims court. If you are owed more than $10,000, you can still sue in small claims, but you agree to waive any additional amount ...

What kind of lawyer do I need to sue a contractor?

Wondering if you can sue someone for property damage – or if everything happens through insurance? Do you need a personal property damage attorney? We'll answer these questions and more, including how your deductible comes into play, any property damage claim time limits, and personal property damage laws to know.

How can a real estate lawyer help with water damage?

Feb 05, 2020 · Thus, the most common type of lawyer used to sue a contractor is a business law attorney. There may be differences in the type of lawyer you need depending on the type of contractor you enter into an agreement with. For example, if you contract a real estate agent to sell your home, a business lawyer may not be adequate; you might need a real estate attorney …

How do you sue someone for property damage?

How to file a small claims lawsuit against someone who damaged your propertyStep 1: Complete "Plaintiff's Claim and Order to Go to Small Claims Court" (Form SC-100) ... Step 2: File "Plaintiff's Claim and Order to Go to Small Claims Court" ... Step 3: Serve the person you are suing.Apr 2, 2021

What are examples of property damage?

Property damage is injury to real or personal property. An example could be a chemical leak on a piece of real estate, or damage to a car from an accident. Property owners can obtain property insurance to protect against the risk of property damage.

What case is damage to property?

The crime of malicious mischief or commonly called damage to property punishes a person who shall deliberately cause to the property of another any damage (Article 327, Revised Penal Code).Jan 30, 2014

What is the difference between physical damage and property damage?

Property damage means damage to property belonging to a third party and is covered under commercial auto liability coverage. Physical damage generally means damage to a vehicle owned by the policyholder. Physical damage is insured under comprehensive and collision coverages.Sep 17, 2020

What are damages in civil law?

Civil damages are monetary awards owed to a winning plaintiff by the losing defendant in a civil case tried in a court of law. Civil damages are granted when a person is injured or suffers a loss that stems from the wrongful or negligent actions of another party.

Is it an offence to damage your own property?

What if it is my property? You cannot unlawfully damage your own property, but it can still be an offence to damage jointly owned property. So, a person who smashes up a family home in a fit of rage would very often be guilty of the offence of criminal damage.

Can I sue my Neighbour for damaging my property?

Start by talking to your neighbour and asking them to check if their insurance will cover the damage. They will need to lodge a claim with their insurance provider. If you're submitting a claim to your neighbour's home insurance provider, you'll need to prove that the damage was, in fact, their fault.Jan 9, 2020

What is the punishment for criminal damage to property?

Section 1(1) of the Criminal Damage Act 1971 creates an offence of destroying or damaging any property belonging to another person, whether intentionally or recklessly, without lawful excuse. This offence attracts a penalty of a term of imprisonment not exceeding ten years.

What are the types of property damage?

Property damage is defined as any actions of a person that negatively impacts the condition of your property, directly or indirectly. There are three major types of property damage: 1 Damage to Commercial Vehicle or Automobile: Vehicle in this case covers all forms of automobiles from power bikes to trucks. Most states require vehicle owners to own special insurance to cover any form of damages. 2 Damages to Commercial Residence: This includes damages caused by fire, riot, break-in theft, and any other careless or intentionally perpetrated acts that destroy the economic value of a commercial residence or business premise. 3 Damages to Tangible Personal or Business Assets: This includes damages to all machines and appliances, furniture, fixtures, and fittings, home appliances, light, and heavy equipment.

What happens if you don't pay damages?

The person responsible for the damage should also be responsible for repairs and/or compensation. However, if they fail to compensate, you are legally entitled to take legal action against them. If your claim for damages is below $10,000, it is recommended that you sue the perpetrator in small claims court for compensation.

How long does it take to get a response from a small claims court?

You may wait 7-14 days for a response before you proceed to the next step. Small claims court is the best option for claims under $10,000.

How much can you sue for a car accident?

The maximum amount you can sue someone for property damage in small claims court. If someone owes you $10,000 or less for damage to property such as a car after a car accident, then you can sue in a California small claims court. If you are owed more than $10,000, you can still sue in small claims, but you agree to waive any additional amount you ...

How to serve a small claims court in California?

This is called "service of process" (also known as "service"). You must serve the person you sued at least 15-20 days before the small claims court hearing (sometimes you are required to serve at least 30 days before the hearing). There are several ways you can serve the person you have sued including by having a friend serve, hiring a process server, or hiring the sheriff. You cannot serve your own lawsuit. We can help you with serving the small claims lawsuit.

What are some examples of small claims?

Here are some examples of small claims lawsuits: Someone hit your car causing damage to it ( we have a whole article on property damage after a car accident ). Your neighbor's pipe burst and caused damage to your home. You can sue in small claims court if they refuse to pay for the damages to your home.

What to do when a problem arises?

The first thing to do when a problem arises is to communicate with the person who caused the damage. If you have an ongoing relationship with them this is very easy to do (and worthwhile to do since your relationship is at stake).

How to request money back?

While you can request your money or property back orally, it is suggested you do so in writing in the form of a demand letter. It is very common to request reimbursement via text message or by phone but you may have a higher chance of receiving payment if you do it in the form of a letter.

What is demand letter?

A demand letter is a letter that outlines a set of requests. For example, you could write to the person who caused the damage to request reimbursement to fix the damage to your property and why you think they caused the damage to your property.

How long does it take to get a small claims court hearing?

The Small Claims Court Hearing. Once you file your small claims lawsuit, you will get a hearing date scheduled anywhere between 30-70 days later. During this time, the person who caused the property damage (or their insurance company) may call you to try and settle the lawsuit.

What is property damage?

Property damage is injury or harm to anything other than a person, basically. This could include a car, tree, home, fence or anything else you could think of. This could also include items inside of an automobile, like technical equipment or things you were carrying with you (e.g., textbooks, a laptop or a car seat for your child).

Do you have to pay a collision deductible?

However, if your vehicle was damaged as well as theirs, then you will need to pay your colli sion deductible so that your car can get repaired. You'll get your deductible back if your insurance company collects from the other driver's insurance company. This process is called “ subrogation .”.

Do you have to report an accident to your insurance company?

Additionally, the language in your insurance contract generally requires you to report any accident to your insurer, regardless of who is at fault. This also helps if the other insurance company is slow to take action on fixing your car.

What is breach of contract?

A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.

What is contract fraud?

Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include: 1 False claims, such as when a contractor lies about their skill level, experience, or ability to complete a job. This is especially applicable if the results delivered do not meet reasonable expectations. 2 Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely. 3 False promises, such as promising to complete a job with an expensive material, yet sneakily using a cheaper product. For example, a contractor may promise to install an expensive Egyptian wool carpet, yet install a cheaper counterfeit version without the homeowner’s permission.

What is the first step in contract law?

The most important first step you can take in any contract law claim is to consult with a lawyer. The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service.

What is contracting contractor?

By very definition, contractors work on a contractual basis. This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000. Or, a home renovation specialist might ...

Is contract fraud common?

Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include:

Do you need an attorney for a small claims case?

Some people assume that, because small claims court doesn’t allow clients to be represented by an attorney, they don’t need an attorney at all. Nothing could be further from the truth.

What is a fundamental breach?

Fundamental Breach – The same as a material breach, but generally includes much more serious fallout. For example, a contractor who works on a roof incompetently might leave it in disrepair, resulting in leaks and thousands of dollars worth of water damage.

What is water damage?

Water Damage to Property. Heavy rain, flooding and other events can do serious damage to a person’s home; the cost to repair the damage can run to the thousands of dollars. The law may offer protection against some types of water damage depending on the source of the damage and whether a homeowner has homeowners’ insurance. ...

What happens if a neighbor is careless?

If a neighbor’s careless act results in the artificial diversion of water to a person’s property, the person may recover damages from the neighbor for the resulting harm. In general, again, a neighbor will not be responsible for damage to a person’s property caused by runoff from naturally occurring land and drainage conditions.

What are natural disasters?

A natural disaster may include: Earthquakes; Floods; Thunderstorms; Tornadoes; Hurricanes.

Does homeowner's insurance cover water leaks?

from a water heater, or slightly cracked pipe or leaking hose connected to an appliance, is not covered by homeowner’s insurance. So, even if a person’s homeowner’s policy covers water damage, it does not cover damage caused by slow, gradual leaking. Rather an insurance policy covers damage caused by ...

Can a neighbor be liable for water damage?

However, a neighbor can be liable if the neighbor’s negligence caused damage. If the neighbor’s negligence results in an event that directs water to a person’s property causing damage, the person can make a water damage claim for damages.

Can I sue my neighbor for water damage?

A water damage lawsuit against a neighbor would not be helpful for damage caused by these natural disasters. A property owner can get natural disaster insurance to cover damages caused by these “acts of god,” such as floods and earthquakes. Natural disaster insurance can cover: Mold damage; Walls and insulation;

Is water damage covered by insurance?

There are several types of water damage that may or may not be covered by a person’s insurance, such as: Sudden or accidental discharge from pipes or hoses in the home; Sewer backup and overflow or water backup; Overflow or leaking from a home appliance, e.g. malfunctioning washing machine or dishwasher;

Why do people hire moving companies?

Moving homes can often be a stressful experience. Some people choose to contract a professional moving company in order to make the process easier. A few reasons why some people hire a moving company include: 1 Peace of mind that the movers know how to best handle your belongings and keep them safe; 2 Assurance and dependability that the movers will be reliable, whereas relying on friends and family to help during a move can be troublesome; 3 Assurance of a specific date and time in which your belongings will arrive to their destination, as most moving companies pride themselves on providing prompt and professional services; or 4 An efficient solution for handling heavy or bulky items.

Can you sue a moving company?

You may be able to sue the moving company after filing a claim with the company itself. You will need to prove that the moving company initially received your property in good condition; the goods were damaged upon delivery, or not delivered at all; and, the amount of damages are measurable.

Scott P. Pavelle

This is a straight litigation case. Any of us who practice in the area would be able to do the job. The question is whether it's worthwhile to hire a lawyer. What are your damages? If the roof needs to be torn up and replaced, you are looking at... $10,000? That may not be worth the cost.

Brian Lipkin

If your damages are limited to a few hundred dollars to repair a bent gutter, you could file a lawsuit on your own in small claims court. In that situation, the cost of hiring a lawyer would likely exceed the amount of money at stake.