Accidents happen and are usually unexpected and unintentional. When a case is taken to court and you seek compensation for damages, the court might award you damages which would be paid by the other party if they are found guilty. Damages in legal terms or cases refer to a particular amount of money that you should be paid as compensation for something illegal that another party or person has done to you. It is also the duty of the attorney to help you decide if you want your case to be heard in a circuit court. Depending on the scenario and the severity of the damage, you may need to decide if you will take a family member, friend, or neighbor to court to recoup your related financial costs. This is a worst-case scenario for any home owner because you not only have the … Can Insurance Help? You may want to consult an attorney about the subsequent risk of a … Section 11 deals with the issue of repairs and states that tenants should: The compensatory damages are what you are paid with as compensation so you can go back to the initial level you were before suffering the damages. Bring any documentation you have that provides evidence of a promise to compensate; the presiding judge can order the defendant to honor the original agreement. People often take this route for small claims or when there is a failure to follow through on a previous promise to pay. Flooding caused by a hurricane is an example of property damage caused by an act of nature. Take photographs or video and call an appraiser. Take a note of the offending vehicle’s registration number, make, model and colour. Show More. However, you should go ahead and speak with an attorney for advice if you feel any of these damages mentioned above applies to your own case but it is also dependent on the type of case that you have, facts surrounding your case, and if you have decided to sue the defendant in a small claims court. ••• Damage to your property can often be a traumatic, trying experience, especially when it's due to someone else’s negligence or recklessness. Policies also have comprehensive and collision coverages. Property damage is defined as some harm that is inflicted upon someone’s property as the result of another person’s negligence, willful destruction of that person’s property, or by an act of nature. You’ll receive enough to replace what you had with a car of similar age and value. If someone gets hurt while trespassing on your property, call emergency services and law enforcement immediately. If you are mad at your neighbor and intentionally hit a ball through his window, you will not be covered. The Insurers for the Driver who caused the damage will be obliged to deal with any claim for your property damage where their insured driver is legally liable. Other types of property damage may be covered under your homeowner’s insurance policy, but only under certain circumstances. Deadly force is only permissible in self-defense, not defense of property alone. If you damaged someone's property, then it is up to you to take the necessary steps to notify the property owner. There are certain injuries for which no damage or compensation can give what is lost but on the other hand, there are certain injuries for which an amount of money can compensate the loss. Share this conversation. Hiring a Lawyer to Sue for Property Damage. One thing that you should also know is proving that you suffered harm and loss in some way is not the same as proving how much you should be compensated. One popular avenue is to file a civil lawsuit in a state court for damages. If a trespasser damages your property, then thoroughly document the damage. Any property is a valuable asset to its owner. If someone smashes the windows of your house to intimidate you and cause you harm, it is criminal property damage. Solicitor: Ben Jones, UK Lawyer replied 10 years ago. Depending on the severity of the damage, the individual in question may be charged with a misdemeanor or felony for vandalism or destruction of property. If someone drops your phone in a puddle after borrowing it to make a call, they didn’t mean to break the device – but it still happened. When another person damages your property, it is your right to file for a claim in repayment for the damages incurred. Not sure if you have a case? If someone damages your property, who is responsible for paying to have it fixed? Tripping on the crack was an accident, but the homeowner may be negligent because the crack was there for you to trip on to start with. If someone negligently hits your car or crashes into your house, that person is liable for any and all damages that he/she caused. If you are the one who started the case (also called plaintiff) then you are also the one that has the burden of proof. Call the police immediately if you suspect your home or property was damaged on purpose (or if you witnessed it happening). By definition, property damage is “injury to real or personal property through another’s negligence, willful destruction, or by some act of nature.” The law categorizes property damage in three distinct ways: On occasion, Nature does play a role in property damage – including minor storms and downed trees to major catastrophes caused by hurricanes, tornadoes, and similar weather phenomena. Teen to not play baseball near windows ) is usually covered, willful... 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