Raleigh Personal Property Damage Claims
Despite what some people think, not every civil claim resulting from an accident or malicious act needs to include a physical injury. For example, someone might manage to avoid an injury from an incident, but still incur personal property damage.
If your personal effects were damaged due to the negligent actions of another person, you may be able to demands compensation for your losses by filing a Raleigh personal property damage claim. However, instead of trying to file a claim alone, a dedicated lawyer could help you to assemble a suit by gathering evidence of negligence and guiding you through each step of the legal process.
What Counts as Personal Property in Raleigh?
Personal property is anything that a person uses on a daily or regular basis—this might be something as simple as a cell phone or clothing. However, these items are rarely covered by many insurance policies, and as such, the owner often believes that they must pay for any needed repairs or replacement costs themselves. If another party is directly responsible for the damage, however, they might carry legal liability.
For example, if a person breaks a plaintiff’s cell phone, this may be clear and actionable grounds for establishing fault. In a successful claim on this basis, the defendant might, therefore, be responsible for providing compensation for the cost of the claimant’s phone. Other examples of property that may be damaged include:
Generally, if a claimant could connect a defendant’s actions to their loss, they might have grounds for a claim. A meticulous attorney could work with a plaintiff to assess their circumstances and help to determine if they have grounds for a claim.
What is the Statute of Limitations in Raleigh Property Damage Claims?
The statute of limitations is a rule that controls when a court will hear a claim alleging personal property damage. According to North Carolina Statute §1-52, a person has three years from the time that they discovered damages in which they may pursue a claim. After this time, however, a defendant might make a motion to dismiss the claim.
Demonstrating Fault in a Personal Property Damage Claim
Some instances of personal property damage might be relatively straightforward. As mentioned above, a defendant who intentionally damages another person’s phone is clearly liable. However, many cases are not this direct.
Often, a claimant must argue for and demonstrate how a defendant was negligent. This applies, for example, when the damage occurs as the result of an accident—this includes automobile, tractor trailer, or pedestrian incidents, as well as property liability cases.
A claim might also be the result of mold, heat, or water damage in a rented apartment. Because many Raleigh personal property damage claims often result from an accident, an examination of both parties’ conduct is often a lengthy process to determine who is at fault.
Contact a Lawyer About Filing a Raleigh Personal Property Damage Claim
If someone damages or destroys your personal property—either through an intentional act or as the result of general negligence—you have a legal right to peruse compensation through a Raleigh personal property damage claim. When the loss of your property is not your fault, you should not have to shoulder the subsequent burden alone.
While a claim might provide the recovery needed to repair or replace the items, however, a case to seek this compensation might become complex. For handling insurance policies and negotiations, as well as demonstrating that another party was negligent, you might wish to reach out to a capable property damage lawyer. For more information about how an attorney might be of help, call today.