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How Does Negligence Affect a Property Damage Claim?

Contact Our Property Damage Lawyer for Assistance

Damage to your home, car, boat, or other property can be nearly as disruptive to your life as a serious injury to your health. Unfortunately, insurance companies can take an extremely long time to process claims, and all too often, they refuse to pay what they should to cover the damage. 

Many times, property owners are accused of negligence in regard to property damage, or they may be told that an insurance company is not liable because of a third party’s negligence. An experienced Ft Lauderdale property damage lawyer explains what the laws say regarding negligence and how it could affect a property damage claim.

Liability Based on Negligence

The general legal concept of negligence assigns liability to someone when four conditions are met. Someone may be held liable for negligence when:

  • They owe a certain responsibility to another person
  • They fail to fulfill their required responsibility
  • That failure causes harm or some type of loss to the other person
  • The loss is demonstrable in some way

Personal injury lawyers commonly prove negligence in cases such as auto accidents, where drivers owe a duty to drive safely, and their failure to follow safety requirements is shown to cause the accident. 

However, a property damage lawyer knows the principles of negligence are just as important in cases that involve economic loss rather than physical injury. When someone is shown to be negligent, they can be required to pay compensation to make up for the harm they caused, even when the damage was not caused intentionally.

Our Property Damage Lawyer Can Handle the Situation When Someone’s Negligence Damages Your Property

If your house suffered damage in a fire, you might expect to file a claim with your insurance company, because you pay for insurance coverage to protect yourself in that type of situation. However, if the negligence of another person or company caused the fire, then that person, or their insurance company, might be required to pay for your losses instead. 

It is a good idea to consult a knowledgeable Ft. Lauderdale property damage attorney who could help investigate if you suspect that damage to your property could have been caused by someone else’s failure to act responsibly. A lawyer could determine whether you are entitled to additional compensation. 

If Your Insurance Company Denies Your Claim Due to “Negligence”

Insurance companies are not, despite what they claim in their ads, out to protect their customers. They are primarily interested in protecting their stockholders, and that is why they will often latch on to any argument they can think of to deny a property damage claim

They may claim that damage is not covered because of negligence on the part of the property owner or an outside party. If that happens, a dedicated property damage lawyer may be able to help. A knowledgeable attorney could review the contractual terms in the policy in light of current legal standards to determine whether the insurer is acting in good faith and in compliance with the law. If you have a valid claim, a property damage lawyer could pursue your claim through all available channels to help you achieve a fair outcome. 

Discuss Your Claim with Our Ft. Lauderdale Property Damage Lawyer

Insurance laws are complex, and insurance policies even more so. With the majority of property damage claims involving insurance, it can be difficult to understand your rights and how to enforce them. An experienced property damage lawyer could evaluate your situation, explain your options, and fight for fair treatment if an insurer has denied or undervalued your claim. Contact us today to learn how we can help. 

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