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Florida Property Damage

by on May 4, 2012 » Add the first comment.

What is Property Damage?

Property damage is any damage or destruction of public or private property caused by either a person who does not own the property or a natural phenomena like a fallen tree or a hurricane. Because property damage is such a broad term, examples of it can range from house damage to stolen personal items to wrecked vehicles. Although property damage is distinct from personal injury, individuals may still receive monetary compensation for their loss by providing evidence including replacement value, cost of repairs, loss in value, loss of use until repaired or replaced or by subjective testimony in order to determine sentimental value.

How do I file a Property Damage Claim?

If the extent of the damage incurred is relatively small, individuals may be able to receive compensation by filing a claim with a Florida Small Claims Court, Justice Court, or Superior Court. Once the complaint has been filed, the defendant will need to be served. Both parties will be required to appear in court in front of a judge.

Where the damage claim is significant, it is advised to seek out the help of an experienced property damage lawyer. However, if the lawyer feels as though the costs of litigation outweigh the benefits, he or she will advise against filing a lawsuit. Nevertheless, an experienced lawyer will be able to gather evidence in order to substantiate his or her client’s claim.

What if my Automobile was damaged as a Result of an Auto Accident?

If an individual’s car was damaged as a result of an automobile accident, generally the defendant’s insurance company is responsible for repairing any and all damages incurred.

Individuals should consult a lawyer prior to reaching a settlement with the insurance company, because insurance companies are notorious for offering low-ball settlements. Individuals should also be aware that they might be entitled to reimbursement for all residual loss in value to their vehicle in the State of Florida.

Diminished value occurs when a vehicle is involved in an automobile accident and, as a result, sustains physical damage, whether structural or cosmetic. Even if a vehicle is repaired, it is still worth less money than it was worth before the auto accident occurred. Individuals may be required to disclose any and all accidents that their vehicle has been involved in when selling it. Most customers would favor a vehicle with a clean record over a vehicle that has been involved in a prior accident, which means that individuals end up receiving less money for their vehicle than if their vehicle were not involved in an accident in the first place.

Why Should I Consult a Lawyer?

Depending on the type and amount of property damage incurred, individuals should consider hiring experienced property damage and/or diminished value lawyer. The legal system can be quite complex, individuals may end up receiving a lower settlement without the help of a lawyer. A reputable lawyer will help individuals gather evidence, hire an expert, prepare and complete the appropriate legal documents, and create a strong case so that they will be able to receive maximum monetary compensation for their damaged property.

Find more like this: Personal Injury

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