Property Damage Lawyer

When the unexpected happens, and your personal property is damaged or unrepairable, it can feel overwhelming to manage the aftermath. You may find yourself navigating insurance claims, repair estimates, and unexpected delays while dealing with the financial and emotional toll.

At Byrd Davis Alden & Henrichson LLP, we’re here to help you take control of the situation. Whether it’s disputing lowball offers from insurers or addressing repair disputes, we bring our knowledge of Texas law and decades of experience to protect your rights and recover what you’re entitled to. Our team ensures you’re treated fairly and that the full extent of your property damage is accounted for. Feel free to contact us when you’re ready to work with a compassionate and knowledgeable Austin property damage lawyer.

What Are the Different Types of Property Damage?

After an accident, you may lose personal items, including those with significant sentimental value. Luckily, by filing a personal injury claim, you should be able to receive compensation for your damages. 

However, insurance will treat items differently depending on whether they are repairable. If an item is destroyed, it is usually eligible for replacement. But if an item is damaged and can be repaired, you’ll likely receive compensation for the repair.

The following are just a few different types of property damage you might face:

• Damage to your vehicle, whether it needs repair, is totaled, or should be replaced
• Landscaping damage
• Home damage, including damage to your home’s structure
• General property damage, such as destruction on your driveway, fencing or walls, or outdoor furniture
• Personal item damage or loss, including clothing, accessories, and other personal belongings
• Business property damage
• Damage from different causes, including fire, water, and other elements

Depending on the circumstances, you may need to provide proof of ownership, such as a video, photo, or receipt. And in most cases, you must prove that another party was responsible for your losses. Specifically, you must demonstrate that someone was negligent and is liable for the damages you face. We recommend working with a property damage attorney for assistance in establishing fault.

Calculating Compensation for the Property Damage You Face

Generally, property damage can be calculated by looking at the fair market value of the item and then assessing the value of that item after it’s been damaged.

Evaluating Compensation for Your Belongings

If one of your belongings has been damaged, you will not generally get the item’s original value from when you first bought it. Instead, appraisers or other professionals will need to assess the value of these belongings from right before the accident and right after the incident. 

As an example, we’ll suppose your personal vehicle has been damaged and is being reviewed by appraisers. These appraisers will need to evaluate other existing information about the value of your car, such as taking into account the age of the vehicle, the number of miles driven, how long it was expected to continue running, and the general value of vehicles the same as or similar to your car. Of course, this may require estimation because the exact condition of your vehicle before the incident may be unknown. 

Objective monetary information is typically used to calculate compensation for your personal items. This process applies to more than just your vehicle, as it’s also used to calculate damage for other items and assets.

Calculating Compensation for Sentimental Items

According to Rebecca Glisan, a staff lawyer from Texas State University, sentimental value is not generally considered in property damage cases. However, any rare items, pictures, heirlooms, or other irreplaceable items may be a different story. Because these items are not easy to replace and have significant personal value, you may receive compensation greater than the fair market value. This may be calculated by starting with the fair market value and then multiplying that value based on the sentimental value. 

If the sentimental value is small, the multiplier may be a percentage of the fair market value, such as increasing the compensation by 50%. However, if there is a significant amount of sentimentality, compensation may be increased by 500% or more.

Using Evidence to Demonstrate Property Damage and Loss

If you need to prove that you are owed compensation for property damage, you and your lawyer can do so in several ways. If you need assistance collecting evidence related to your claim, please let your property damage attorney from Byrd Davis Alden & Henrichson LLP know. We can conduct a thorough and independent investigation on your behalf and analyze the information we collect to build your claim.

The following examples of pieces of evidence that may be helpful in your claim:

• Photos and videos, especially in high-resolution; It may be beneficial to show damage from multiple angles
• Official reports from any authorities, such as police or fire departments
• Witness statements
• Expert testimony, or testimony from reconstructors
• Estimates for repair, such as from appraisers or contractors
• Insurance documents
• Invoices or receipts

Other pieces of evidence may also be helpful to your claim. If you cannot access any information for any reason, you don’t need to stress. We encourage you to speak with your Austin property damage lawyer for support, as they will likely have the resources necessary to help you build your claim and gain access to necessary information. 

Significant Property Damage? Contact Byrd Davis Alden & Henrichson LLP for Invaluable Support

Property damage can disrupt your life in countless ways, from dealing with repairs to replacing cherished belongings. At Byrd Davis Alden & Henrichson LLP, we are dedicated to helping you navigate these challenges confidently. With decades of experience and a reputation for delivering results, we work tirelessly to ensure you receive fair compensation for the losses you’ve endured.

Whether it’s advocating for the full value of your vehicle, assessing compensation for sentimental items, or gathering the evidence necessary to prove your claim, we are here to assist you every step of the way. Let us handle the complexities of your case so you can focus on moving forward. Call us today at (512) 982-0721 or reach out through our contact form.