Intellectual Property Law

Who Is A Property Damage Lawyer? What Do They Do?

28 November, 2023


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What lawyer handles property damage? What kind of lawyer do I need to sue my neighbor for property damage? How can a lawyer help with a property damage insurance claim?

Well, the answer to all the questions above is “property damage lawyer”. We have all seen some form of property damage in our lives. They are expensive. They take time to fix. Most importantly, if either of us had the chance, we would make the one causing the damage fix it, if we could.

If you want to hold the damage-causing party responsible and make them pay for the property damage, a property damage lawyer can help you. In this article, we will discuss who a property damage lawyer is, how to hire a lawyer for property damage, and much more. Keep reading, and you will find a bonus section at the end. We’ll tell you exactly what questions to ask your lawyer on your first consultation. So, here we go.

Who Is A Property Damage Lawyer?

Who Is A Property Damage Lawyer?

We cannot, or rather we should not visit a lawyer of any sort before doing our own research on their roles. A property damage lawyer is an attorney who practices in the field of property law .They are professionals who help clients with all legal matters related to property damage. A property damage attorney will identify the extent of the damage and help you file a claim.

A claim is an insurance claim that helps the damaged party recover a compensation for their damaged property.

What Is Property Damage?

Property damage can result out of various accidents, natural disasters, negligence, or even intentional acts of others.

Property damage law covers all “property” that is tangible or intangible. It should be an asset. The property should be under the possession or the ownership of a legal person.  

What Are The Types Of Property In Property Damage?

What Are The Types Of Property In Property Damage?

A Property Damage Lawyer deals with multiple types of properties. Let us look at the most common ones.

Real Property

This is the most common type of property that suffers damage. When your land and anything permanently attached to it suffers damage, it is called real property damage. Damage to buildings, structures, and fixtures is what you see a property damage lawyer for. Please note that minerals, oil, and gas from your property can also fall under this category.

Personal Property

A property damage lawyer will sue for damage to personal property. It can be damage to your movable assets, personal items, vehicles, gadgets, furniture, clothing, and electronic goods.

Tangible Property

All property that you can touch, see, and feel can also fall under the category. A property damage attorney can protect all such tangible property. So, land, buildings, phones, cars, all of it fall under this category.

Intellectual Property

Intangible properties are not ones that we can see or touch. However, they can include rights to original creations. So, if there is damage to patents, copyrights, trademarks, and even, contracts, your property damage lawyer can help you. This also means that damage to your stocks, shares, and bonds will lead to property damage liability.

More Elements To Property

More Elements To Property

There are more kinds of properties that a property damage lawyer deals with.

  • leased property,
  • public roads,
  • parks, and buildings,
  • properties under business ownership,
  • properties that belong to NGOs.

A property damage lawyer will help the property owners get compensation for damage to their property. It can either be damage that leads to financial loss or even depreciation of the value of the property.

Example: You own a mirror that costs $250.  Someone breaks in and causes damage to the mirror. Now a buyer agrees to pay you only $50 for it. You can claim compensation for the loss of value.

What Are The Responsibilities Of A Property Damage Attorney?

What Are The Responsibilities Of A Property Damage Attorney?

A property damage lawyer deals with property damage claims. Their goal is to help clients get compensation from parties who caused the damage. They negotiate with insurance companies, government entities, and even other parties.

Assessing Damage And Liability

To serve the clients, they start with an initial consultation like other lawyers. Property damage lawyers will discuss the details of their case with the clients. They will ask questions and assess the damage to the property. They assess property damage, gather evidence, and try to figure out the extent of the liability.

Research They will conduct in-depth research to figure out which laws apply to your case. Lawyers also go through previous judgments to support your property damage claim. Leave it to your property damage attorney to build a strong case.

Evidence Collection

They will ask for photographs, gather witness statements, and even consult experts for their opinions.  All sorts of documents to your case are relevant when your lawyer files the damage claim for you. Next, they will carry out negotiations with the insurance companies. They negotiate the compensation claim amount for you.

Negotiation, Evaluation And Compensation Filing

If they see fit, negotiations with responsible parties are also a part of the deal. It’s safe to say that starting with the filing of the claim to securing a fair settlement, a property damage attorney will do it all.

They will talk to experts to arrive at the exact value of the damaged property. Depreciation or loss or property value will help them get proper compensation.

How Does A Property Damage Lawyer Help With Compensation Filing?

How Does A Property Damage Lawyer Help With Compensation Filing?

Your property damage attorney first understands the property damage, its cause, and its extent. They will look into the applicable insurance policies.

Steps Toward The Claim

The next step is to gather the relevant documents, like photographs or evidence, to support the damage. They gather evidence to support their claims against the current or applicable insurance policy.

A lawyer sends out estimates for the financial damage or replacement costs to the insurance company and defendant party.

After going through the applicable laws, they send a formal notice stating the claim grounds, extent of damage, and expected claim amount to the insurance company. This marks the beginning of the claims process.

This insurance company in turn, will inspect and assess the claim. The lawyer will look into the assessment and negotiate the final results.

Now, it is time for the insurance company to offer a settlement. Once the lawyer determines that the settlement is fair, they can get a portion of the settlement as their fee. If not, they can carry out negotiations with the insurance company to arrive at an appropriate amount.

On multiple occasions, the insurance company denied the claim. The lawyer can take matters to court and represent the client. If the court deems fit, they will get the rightful compensation by means of a court order.

Final Word

Before you hire a property damage lawyer, make sure to clear the air first. Ask them how they charge, whether hourly, flat fee or on contingency. Now is your time to be transparent about your requirements. Ask them if they are willing to maintain a transparent system. Remember, it is always beneficial to ask your lawyer to have communications open throughout!

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Debkanya is a lawyer turned writer. With an experience of 3 years, she is your go-to source for all things law. She has a soft corner for the US and international section. When the weekend arrives, you'll find her reading up on politics, Austen, or travel blogs over a cup of coffee.

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