Personal Injury Economic Damages Claims: Property Damage
Personal injury accidents can involve more than just the person (or people) at the heart of the incident. In the blink of an eye, treasured property can be demolished because of another party’s carelessness. You can file for economic damages in a claim if you sustained property damage due to a personal injury, whether it was your car, home, clothes, electronic devices, or collectibles.
Understanding Property Damage
Property damage occurs when a personal injury causes harm to real or personal property. If you file for personal injury, you must show that there was a liable party, either due to intent or an act of omission. Typically, you can file for expenses that directly resulted from the accident. For example, if your car was damaged, you can file an property damage claim for the value of the repairs or, if it was totaled, the value to replace the car.
However, the definition of property damage can become more fluid if you also suffer from a personal injury. For example, let’s say that you develop back spasms after a personal injury occurs and this condition leads to a car accident. Because you wouldn’t have sustained this property damage if not for the personal injury, you may be able to file for this type of property damage under the claim. Please note that these circumstances are less likely to be approved by the courts or insurance carriers, so it helps to talk to a legal specialist before making these claims.
How Property Damage Is Measured
Property damage is typically evaluated based on the cost to either repair, restore, or replace the item in question. Insurance adjusters take into account the fair market value when evaluating the final totals. This is often where you’ll see discrepancies between the perceived value of the item and the actual value.
For example, if you were halfway through a restoration of a classic car and a friend of yours hurt both you and the car when parking in your garage, the insurance company may not take into account all the work done on the car and value it based on its half-restored value (which may not be much). The best way to improve your chances of property damage claims is to consult with specialists who can back up the real value of different items.
How Property Damage Is Paid
Because the vast majority of personal injury cases are car accidents, most of the time it’s the car insurance companies that pay for the property damage. In Florida, property damage from a personal injury case is treated differently from bodily damage. Florida is a no-fault state, but this law only applies to bodily injury and doesn’t extend to property damage.
All drivers are required to have at least $10,000 worth of property damage coverage to remain legal on the road. If you were hit on the road due to a texting driver’s distraction, you can file for damage through the-driver’s insurance policy. Of course, as you might imagine, if they have the minimum coverage, this may not go far if your car is totaled.
This is often why personal injury attorneys in Florida are consulted; they can help you learn more about what you can do if insurance companies either lowball you or attempt to deny your claims. Plus, they can potentially provide alternatives that you hadn’t considered. For instance, if your car is totaled by an uninsured driver with no assets to their name, a Florida personal injury lawyer may be able to pursue additional paths so you don’t have to pay for everything out of pocket.
In the case of other types of accidents, such as slip-and-falls or dog bites, the person responsible is typically the one who must pay for property damage. So, if a person’s dog ruined a very expensive suit by sinking its teeth into the fabric, you could file a personal injury claim against the dog owner. Or if a janitor fails to mop down a spill in a grocery store, you may be able to sue the tenant or property owner (in some cases, you may be able to hold both parties responsible). If you were issued a faulty product that resulted in personal injury and property damage, you might either go after the seller or the manufacturer.
What You Need for a Property Damage Claim
First and foremost, you’ll need ownership documentation to show that you are rightfully entitled to compensation. This can be done through either the title, receipt, or insurance policy. You’ll also need to show how and where the property sustained damage and where the fault lies. You’ll also need to prove how much it will cost to rectify the situation.
For example, let’s say that you were carrying a laptop from your hotel room to the lobby and you tripped due to a tear in the carpet. On the way down, you both sprained your ankle and irreparably broke the laptop. In this case, you might produce a receipt for the laptop, take photos of the tear in the carpet, request a written report from the hotel about the incident, and then produce proof of the average cost to replace the laptop. Just keep in mind that the hotel’s insurer will take into account diminished market value. So, if you’ve had the laptop for 8 years, you may only receive half or even a quarter of the laptop’s retail price.
Statute of Limitation on Personal Injury Claims
In Florida, you have 4 years to file property damage from personal injury. Please note that this is different from the standard two years to file a claim for injury. Because personal injury claims can be complex, particularly in the case of severe injury, it may take some time to settle all the resulting events. For example, if you’re so focused on recovery after a devastating incident, you may not have time to get all the paperwork together for your car repairs. Or if the insurance company continues to delay their final decisions, you may not be able to appeal before they close the claim.
Of course, that doesn’t mean that there aren’t exceptions to every room. For example, property damage resulting from medical malpractice may need to be filed earlier. You may also be able to extend the statute of limitations, particularly if the liable party moved out of the state at any time during the four years after the incident. As a general rule, the faster you file, the more likely you are to be approved (same as physical injury).
Personal Injury Lawyers and Property Damage
Your property damage claim in a personal injury case is likely not the first thing on your mind. Those who have sustained mental or physical trauma should focus on getting better, which means that they may forget or simply downplay the physical damage to their property. The other major issue is the many obstacles you’ll face making an insurance claim, which is likely to come back denied. Insurance carriers count on people to settle for less than their claim is worth because it’s often far more difficult to fight through the endless red tape.
A Florida personal injury lawyer will do more than just evaluate your case and tell you your odds of winning. They stay on top of claims, provide necessary documentation, and fight for your fair share. If you’re concerned about any aspect of your personal injury case, whether it’s supplying a restoration specialist to vouch for your property repairs or figuring out which insurance carrier(s) to file through, you can get the answers you’re looking for from an experienced Florida personal injury attorney.
Contacting the Shapiro Law Group, P.A.
When you consider the worth of your property, both financial and sentimental, you owe it to you and your loved ones to recoup its full value. While some things can never be replaced, the right property lawyers can help you get financial restitution for what was lost.
If you’re looking for a team with experience handling every detail of personal injury cases, contact the offices of Shapiro Law Group, P.A. to give us the details. Whether you’re halfway through the claims process or the accident recently occurred, we can help you set things right.
