Las Vegas Premises Liability Attorneys

Filing a compensation claim for damages to property involves identifying the laws and proving your case. Most of the time it is not as easy as you think, that is why you need a law firm that has legal professionals specialized in property damage, who will fight for your rights and interests until you obtain the compensation you deserve. Call Heidari Law Group and one of our team members will help you with your questions.

WHAT IS PROPERTY DAMAGE?

This term refers to any injury to real or personal property, it means partial or total destruction of a building, a house, a car, or a valuable object that is legally owned. The property damage might be caused by negligence, an intentional criminal act (such as burglary) or a natural event (such as lightning).

MOST COMMON TYPES OF PROPERTY DAMAGE

There are different types of property damage that are caused by various factors such as:

• Wind and hail damage – These are caused by hurricanes, hail storms, tornadoes and other strong storms. Storms bring strong winds that can rip the roof apart or throw debris at your walls, leading to expensive repairs. Common wind damages include:
  • Broken outdoor furniture
  • Broken windows
  • Damaged air conditioning units
  • Damaged roofs
  • Damaged walls from flying debris
  • Damaged solar panels
  • Fallen or uprooted trees
  • Missing or broken shutters
  • Severely damaged exterior paintwork, stucco or cladding
  • Structural damage
  • Water intrusion
• Water Damage – whether it’s a broken pipe, plumbing failure, hurricane or flood, these are expensive repair jobs. Common examples include:
  • Damaged appliances
  • Damaged furniture
  • Discoloration on walls, ceilings and floors
  • Mildew
  • Structural damage
  • Termite and bug infestation
  • Weakened foundations
• Fire Damage – whether they’re started in the kitchen or lightning strikes, they spread fast and burn pretty much anything in sight. They also spread smoke and chemicals throughout the property. Examples include:
  • Appliances and electrical items damaged
  • Damaged electrical systems
  • Damaged plumbing systems
  • Destroyed furniture
  • Discoloration of walls and belongings
  • Foundation damage
  • Odor from smoke
  • Roof damage
  • Structural damage
• Motor vehicle damage claims – these damages remain one of the most common property damage claims within the state. The responsible party is obligated to pay you the current market value of your vehicle, or the total amount of repair costs.
• Theft damage – Burglary and theft incidents are frightening but also costly. From stolen items to smashed windows or possessions, you deserve to be compensated for this damage. Although these damages are protected under home and car insurance policies, insurers are often reluctant to pay out the necessary fee.
• Property damage due to defective products or equipment – sadly there a lot of defective products, and they hold the potential to cause chaos and widespread property destruction. For example:
  • Toxic building materials that release hazardous environmental contaminants
  • Poorly made switches, wires, and other electrical equipment that can spark a fire
  • Malfunctioning construction equipment that undermines the integrity of a building’s frame or foundation
  • Gas lines made with substandard material that leads or ruptures, causing fires or explosions

HOW MUCH IS MY PROPERTY DAMAGE CLAIM WORTH?

Your compensation in a property damage claim will depend on the facts and circumstances of your situation, so it´s going to be different for each case. But there are some common factors that may affect the value of your claim include:

• What was damaged (e.g., your home, your vehicle)
• The type of property damage you suffered
• The severity of your property damage
• The insurance coverage available for your claim
• Your level of fault

Your damages may include the cost to repair your property or the item’s fair market value if it’s stolen or damaged beyond repair.

HOW CAN I PROVE MY PROPERTY DAMAGE CLAIM?

To prove that a person is liable for property damage due to negligence you have to demonstrate some key elements, including:

1. Duty: this exists when there is a relationship between you and the defendant, which is recognized by law demanding the defendant to act in a particular way towards you. In some such cases, a judge or sometimes a jury will determine whether the accused owed you certain care as their duty depending on the specific circumstances.
2. Breach of duty: the next step is to show that the defendant breached their duty to you, this happens if the defendant did not take reasonable care when fulfilling their duty.
3. Cause in fact: the plaintiff must prove that the actions of the defendants caused them the damage. It is also referred as “but-for.” It simply means that were it not for the defendant’s actions, the damage would not have occurred.
4. Proximate cause: this refers to the scope of the defendant’s responsibility in the negligence case. The defendant is responsible for only those harms he or she could have expected through his or her actions. If the damages are not within the scope of things the defendant could have anticipated, then there is no way you can prove their action was the cause of your damages.
5. Damages: as a claimant, your attorney must prove that there was harm that is recognized legally. The defendant failing to exercise good care is not enough to earn you compensation, there must be actual damages to the person owed duty of care by the defendant.

Proving property damage liability in court is hard. The process is complicated, but it becomes much easier when you hire a property damage attorney who has experience in court.

NEVADA STATUTE OF LIMITATIONS

In Nevada you must file your claim in civil courts within three years of the accident, it is the same for damage to real property (example: your house or your land) or personal property (example: vehicle damage). This rule can be found at Nevada Revised Statutes section 11.190, which sets this three-year deadline for the filing of:

• An action for waste or trespass of real property (this includes damage to real property)
• An action for taking, detaining or injuring personal property.

You should keep in mind that if you do not file the claim within that time, the courts will reject it because you have already lost your right.

CONTACT A PROPERTY DAMAGE LAWYER AT HEIDARI LAW GROUP

If you are looking for more information on property damage or would like a free case evaluation, call us today at Heidari Law Group, we have a long history of handling cases of this type in the US. At Heidari Law Group we have a group of professionals who can navigate the complicated court procedures and help you get compensation. If you need a specialized property damage lawyer in the city of Las Vegas, contact us by calling 1-833-225-5454 and you will receive a free consultation with a member of our team.