Obtaining a well-deserved settlement for damage done to your property requires several steps. Understanding the information that you need to collect, the issues you have to identify, and completing the legal paperwork is all key to a speedy and successful settlement. Begin working with a small claims court or a legal professional, from there the process is very straightforward.
Settling a Property Damage Claim
Documentation and Investigation
The most important component of settling property damage is data collection. Supplying the proper information provides the evidence that proves your claim of the damage. The more information, the better. Taking pictures, documenting the dates and times, and keeping physical pieces of the damage will all help your argument. You have to prove your point by showing how the damage occurred, and that it wasn’t pre-existing damage. All of the facts have to match up, leaving no holes and room for doubt.
Is it Negligence or Intentional
You have to identify all the individuals that were involved in the damage, and the nature of their intention. Whoever inflicted the damage and how needs to be described in detail. Was it intentional? Was it neglectful? If it was intentional, this may add an additional layer of damage settlement to your claim. Neglect is harder to prove, but you have to show that the issue could have been avoided had the offender been more attentive and less careless. If there were bystanders, it would help to include them as witnesses to your case. Your information and their details should overlap so that there is no confusion around your claim.
Calculating Property Damage
When determining how much money you are owed, you would need to calculate a price the item would cost if it were to be repaired. If it is irreparable, then you can estimate how much it would be to replace it. Do your research and find out the correct price range for the best accuracy. The court will lean in favor of the most cost-efficient method, not the most expensive. So you must be fair in this estimation, especially so you don’t come off as an exaggerator. This will prevent any doubt from being cast on your case.
Did You Play a Part
If you were a little negligent in some aspects, this can complicate the matter. When this happens, the court will subtract from the settlement cost based on an estimation of how much they believe you contributed. For example, if you left something in the road and someone else ran over it, the court may attribute the damage as 20% your fault and 80% the defendant’s fault, you’d be given 80% of the settlement price.
Property Insurance Probably Does the Job
If you own real property, a majority of landowners have property insurance that covers these types of losses. Often, property insurance can come with a mortgage, but even those without these financial contracts may have it. You have to speak with your insurer and find out if this type of damage is covered under the insurance policy. This will save you time and money.
Consulting a Professional
If you are still confused about how to get the correct settlement on your property damage claim, an expert professional can provide some direction. You can read more on this topic to answer your questions.
*References
Property Damage Cases in Small Claims Court
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