Property Damage

When you are involved in an accident, the physical injuries you suffer often take center stage in your personal injury claim. However, property damage can be just as significant. Whether your vehicle is damaged in a car accident or personal items are destroyed, recovering compensation for property damage is an important part of securing fair compensation for your losses. 

It is always recommended to work with an experienced attorney to help you identify all aspects of your damages. It is essential that you understand how to recover for any property damage caused by someone else’s negligence. 

This article will explain what property damage is in a personal injury case, how you can prove your damages, and how you can recover property damage under Texas law. 

What Is Property Damage in a Personal Injury Case? 

Property damage refers to any damage or destruction to your personal property that occurs as a direct result of an accident. This can include damage to your vehicle, personal belongings, or real property. In the context of a personal injury case, property damage is often one of the first losses you experience following an accident. 

Common examples of property damage in personal injury cases include: 

• Vehicle damage: If your vehicle is involved in an accident, repairs or replacement may be necessary. Vehicle damage is one of the most common types of property damage in personal injury cases. 
• Personal property: This can include items like clothing, electronics, or household goods that are damaged or destroyed in an accident. 
• Home or real property damage: In cases where accidents take place on or near a property, damage to your home, fencing, or other property can occur. 
• Damaged work equipment: If you rely on specific equipment for your job, like tools, machinery, or a laptop, and it’s damaged in an accident, you may be able to recover compensation. 

Property damage is an essential part of your total damages claim. It is crucial to include it in any personal injury lawsuit. 

How to Prove You Suffered Property Damage

Proving property damage in a personal injury case is critical to ensuring that you are fully compensated for your losses. 

The process of proving property damage typically involves the following steps: 

• Document the damage: The first step in proving property damage is documenting the damage itself. Take clear photos or videos of the damaged property as soon as possible. For vehicle accidents, this includes taking photos of all angles of your vehicle and any visible damage to your property or personal items. 
• Get an estimate for repairs or replacement: To show the financial cost of your property damage, obtain an estimate for repairs or the replacement value of the damaged items. This may require bringing your vehicle to a mechanic or obtaining quotes for repairing or replacing damaged personal property. 
• Provide receipts or proof of ownership: If you’re claiming damages for personal items such as electronics, clothing, or tools, you may need to provide proof of ownership. This can include receipts or bank statements that show the value of the items. 
• Witness statements: If there were any witnesses to the accident who can confirm the extent of the damage, their testimony can support your claim. For example, if someone saw the crash and can attest to the extent of vehicle damage, this could be beneficial in proving your case. 
• Expert testimony: In some cases, experts such as vehicle appraisers or forensic specialists may be required to assess the damage and provide an estimate for repairs or replacement. 

To present evidence of property damage in a personal injury case, you must document the damage. This can be accomplished with photos, repair estimates, proof of ownership, or even witness statements. 

How to Recover Property Damage in a Texas Personal Injury Case

In Texas, property damage can be recovered as part of your personal injury claim. This is considered a type of economic damage. Economic damages are the measurable financial losses that you have sustained. 

Here’s how you can recover property damage in a personal injury case: 

• File a property damage claim with insurance: Often, the first step in recovering property damage is through insurance. If the other party’s insurance is responsible for the accident, you can file a claim with their insurer. In Texas, you may also be able to file a claim under your own policy if the other driver is uninsured or underinsured. 
• Negotiate with the insurance company: Insurance companies will often offer a settlement for your property damage. It’s essential to ensure that the settlement offer adequately covers the cost of repairs or replacement. Sometimes, insurance companies may offer a low settlement in the hopes that you’ll accept. An experienced attorney can help you negotiate for a fair settlement. 
• File a lawsuit: If the insurance company refuses to offer a fair settlement or denies your property damage claim, you may need to file a lawsuit. In a lawsuit, you can seek compensation for the full value of your property damage. This can include any additional costs incurred due to the damage. This can also include rental car expenses while your vehicle is being repaired or the cost of replacement if your property is beyond repair. 
• Claiming property damage in conjunction with personal injury damages: If you are also pursuing compensation for personal injuries, your property damage claim will likely be included in the overall damages you seek. The goal is to recover full compensation for both your injuries and property damage. 
• Use of expert testimony: In some cases, your lawyer may employ expert witnesses. For example, an auto appraiser can help determine the extent of the property damage and the appropriate value of repair or replacement. Expert testimony can strengthen your case when dealing with the opposing party’s insurer or in court. 

It’s important to document your damage. Negotiate for a fair settlement. If necessary, take legal action to ensure you are compensated fully. 

Contact a Personal Injury Lawyer for a Free Consultation

If you’ve suffered property damage due to an accident in Texas, don’t hesitate to seek legal help. Contact a personal injury lawyer today at (512) 474-0222 to schedule a free case review. McMinn Personal Injury Lawyers can fight for your rights and ensure you receive the full compensation you deserve for your property damage and related losses.