One of the most devastating losses one can deal with in the wake of a natural disaster is the loss of property. You may not fully value what you have until it has been irreparably destroyed in a landslide or washed away in a flood. You may even feel more of a loss when dealing with stubborn insurance companies who refuse to pay you what you are owed despite your coverage. Understanding the California property damage laws can help you be better prepared legally.
In California, virtually everything you own is considered to be your personal property. Generally, most homeowner’s insurance does not cover natural disasters. Commonly occurring disasters like floods, earthquakes, landslides, and mudslides are not covered by standard homeowner’s insurance policies. If you want additional coverage, you will need to purchase a Difference in Conditions (DIC) policy, but these can be expensive and difficult to find.
When it comes to property damage cases, you can take legal action against anyone who causes damage to your property. You can request money for repairs or a replacement for whatever was damaged. Taking legal action to hold someone accountable for causing damage to your property is considered more than fair in the state of California. Before you move forward with a property damage case, there are a number of factors you should consider:
Deciding to take legal action against someone who caused you property damage is a big decision and not one you should take lightly. If you do ultimately decide to pursue legal action, it is critical to your case that you understand the statute of limitations for property damage cases in California.
Generally, the state will give you three years from the date of the damage to start building a case, gather the evidence you need, consult with a property damage lawyer, and file a claim.
If you are unable to file your case within three years, there is a strong chance that your claim will be dismissed and your case will be thrown out. The other party can even ask the judge to dismiss the case, which they likely will. Building a strong case can take time, so you should file sooner rather than later to avoid problems later on. If you are concerned about the strength of your case, take it to a lawyer who can properly assess it.
In the event of severe property damage, you should take legal action against whoever is responsible, even partially, for causing that damage. However, it may not always be obvious who you need to pursue legal action against. An investigation may determine that nobody is responsible for the damage, such as a natural disaster. A lawyer can help you figure out your next steps following such a revelation.
You also have to make sure you file your claim with the right county. For most property damage cases, you have to file in the county where the damage occurred or where the defendant lives. If your insurance refuses to cover your losses, you will need to establish a cause of action in order to move forward with your case.
A: Yes, property damage claims in California have a statute of limitations. It is generally three years. That means you will have three years from the day of the damage to establish a cause of action, build up a strong case, gather evidence that supports you, reach out to a property damage lawyer, and file a claim for compensation. If you do not file your claim before three years have passed, your case will likely be thrown out.
A: The damage law in California allows anyone who has suffered damages as a result of somebody else’s actions to take legal action to be properly compensated for those damages. Essentially, the amount that the plaintiff is likely to be reimbursed will be the total value of the damaged property, as well as additional compensation if the court deems it necessary. Every situation will be different. A good lawyer can help you succeed in your case.
A: Generally, you need to prove that property damage occurred by producing evidence that supports your claim. In fact, proving your property damage is crucial to succeeding in your case. Make sure you document everything as well as you can. Maintain records of any repairs you had to make. If you have any video recordings of the damage taking place, use them. If you have any witnesses who saw the damage happen, speak to them and see if they can help.
A: A property damage lawyer can help you by taking control of your case and making sure all the paperwork is properly filed. When dealing with a civil case like this, you need someone in your corner who understands how complex and personal these cases can get. Without a lawyer, there is a good chance you won’t succeed and will not be compensated for your damages. Having a lawyer on your side seriously increases your chance of success.
When dealing with a property damage case, you should make as significant an effort as you can to ensure you come out on top. Having an experienced lawyer by your side can help provide you with peace of mind that everything is being handled by someone who knows what they’re doing.
At Sawyer & Labar LLP, our legal team can help you seek compensation in the wake of property damage, as well as seek additional compensation from insurance companies that may have acted in bad faith. We can help you build up your legal case, gather the evidence you need, and protect your interests throughout this ordeal. Contact us to engage our team for help with your case.
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