Insurance Claims
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Property Damage Insurance Claims in Edinburg
Informative and Knowledgeable Representation for Property Owners in McAllen and Hidalgo County
If your car or home has been vandalized in Texas, you can pursue a civil claim for compensation. While the act of vandalizing is a criminal offense you can press charges for, civil litigation will award you the damages for destruction to your property. An experienced property damage lawyer can better help you understand the claims process in Texas and what financial compensation you can pursue. Muñoz Law Group takes an educational and informative approach to its practice and aims to lay out all your legal options so you can make the decision that you feel is best. If someone has damaged your property, you have every right to react with legal tools.
Schedule a free consultation with Muñoz Law Group to discuss your next steps. Se habla español.
Recovering Damages Under Tort Law
Texas’ tort laws allow property owners to pursue financial compensation in response to negligent or intentional property damage. One basic tort law that applies to most other personal injury cases is comparative negligence. This establishes that you cannot receive compensation if you were 51% or more responsible for the damages in question.
Another law, the Tort Claims Act, allows citizens to file claims for damages against the government if the damages to property involved a government entity. This is a law unique to Texas, as not all states allow citizens to sue the government for property damages.
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Working with Your Insurance Company
For property damage cases involving an insurance company, such as if your home or residence has suffered significant damage, you and your attorney can file a claim and work with your insurance company. This process will typically involve an insurer conducting an investigation of the damages, so you should expect to be in close communication with your insurance company. Some examples of damage to your house and property that may involve your insurance company are:
- Trees falling in your yard and damaging your home or car
- Pipe damage due to natural disasters (e.g., frozen pipes that burst)
- Roof damage due to the weight of sleet or snow
- Wind or storm damage (if you had disaster coverage)
It is possible that you and your insurance company do not end up agreeing on the amount of your claim and how much your policy covers. In such a case, you should consult an experienced attorney to help advocate for your case and possibly negotiate with your insurer. If that is unsuccessful, you may go further and file a complaint with the Texas Department of Insurance.
Statute of Limitations
Be aware that you typically have 2 years from the date of the property damage to file a property damage lawsuit. It is critical that you file within these 2 years if you seek to request monetary compensation. However, there are special circumstances for which the statute of limitations may be extended in Texas, such as if:
- the defendant is not residing in the state for some part of the 2-year period, in which case the statute of limitations "clock" will be suspended for the length of their absence; and
- the property owner is under a legal disability (e.g., they are a minor or have been declared of “unsound mind”) at the time of the incident, in which case the duration of their disability will not be included in the 2-year countdown (this does not apply if the legal disability arises after the limitations period has already kicked off).
If your property has incurred unlawful damage, you have the right to pursue civil claims within 2 years. An experienced lawyer can help you navigate the filing process, as well as address any questions you may have if you are dealing with insurance claims. Attorney Jorge Muñoz has over a decade of experience handling property damage insurance claims, so he can provide informative guidance and help you assess your legal options for your unique case.
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