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It is a core tenant of the law in North Carolina that a person has the right to use their property without interference from others. Unfortunately, the actions of other parties may nevertheless disregard this right. From intentional theft or destruction of a property, to an accident that leaves a damaged estate, whenever another person negatively impacts your property, you have the right to seek compensation.

This right applies whether the defendant intended to cause damage or if the loss was simply due to their carelessness. No matter the circumstances, a Raleigh property damage lawyer could help you to examine the facts behind your property loss and help to seek recovery.

Even when damage is apparent, navigating the legal system to seek recovery may prove difficult for underrepresented claimants. A diligent injury attorney could take the lead in filing a claim to pursue any and all at-fault parties for compensation.

How Does Property Damage Happen in Raleigh?

Property damage might occur from one of two broad categories. In Raleigh, these are broken down as either intentional acts and accidents. While both might be actionable, a property damage attorney could help to examine the facts that led to a claimant’s loss and identify a proper cause of action to pursue compensation.

Intentional Acts

The less common way is for a loss to occur after an intentional act. Something such as a car theft could form the basis for a property damage claim—if the vehicle is unrecoverable or if it is severely damaged when returned.

While the thief might face criminal prosecution for their actions and be ordered to pay restitution, a separate civil lawsuit could be necessary to recover the cost of the stolen vehicle—especially if the criminal court does not convict the defendant.

Accidents Resulting in Property Damage

Far more common, however, are instances of property loss that result from accidents, mistakes, and errors. Again, using the example of a damaged car, if a plaintiff’s vehicle is damaged in a crash, the defendant might carry liability for repairing the vehicle, despite their lack of intent to cause damage.

Other examples of loss that may result from negligence include losing a valuable property when it is out on loan or a damaged household item from the buildup of mold in a rented apartment. Additionally, if a neighbor fails to maintain their estate—such as neglecting to maintain a tree, causing it to fall onto a claimant’s home—this may be grounds for a claim.

Recoverable Damages in Raleigh

Unlike injury cases, a claim for recovery of property damage can only demand compensation for any actual monetary damages resulting from the incident. For example, if a plaintiff’s home is damaged after a defendant drove their car into the plaintiff’s wall, the plaintiff could only recover compensation in the form of money needed to repair the home if no other part of the estate was damaged.

In many instances, some of the available compensation might be mitigated by the presence of an insurance policy. Because of these nuances, a Raleigh property damage lawyer could help a claimant to identify their possible legal recourse and take appropriate steps to seek possible recovery.

Time Limits to File a Claim for Damage to A Property

North Carolina Statute §1-52 states that a court might only hear a case seeking recovery for property damage if a claim is filed within three years of the date of the loss. This is known as the statute of limitations and while there may be exceptions, it is advisable to try and file a claim that meets this timeframe to try and avoid dismissal.

How A Raleigh Property Damage Attorney Might Help with A Claim

If your estate has been damaged due to someone else’s malicious or negligent behavior, you have a legal right to seek compensation. However, seeking a claim alone might be complicated and frustrating without a firm grasp of North Carolina law.

Instead, consider contacting a Raleigh property damage lawyer for help. An injury attorney with knowledge of the legal system could work tirelessly to examine the facts of your case, develop a legal theory that may lead to recovery, and take concrete steps to try and seek the compensation you deserve. To discuss your case, reach out to a legal professional today.

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