Why should you file a civil suit for property damage?

Is another party liable for the damage to your property? Are you interested in filing a civil suit for property damage?

A person files a civil suit for property damage when they want a court to decide their case. When a person makes an accusation against another party they're asking a court to remedy the situation.

These are 5 simple steps for anyone thinking about filing a civil suit for property damage.

1. Document any property damage

Take photos, keep notes, and write down dates of any property damage that occurred. Keep receipts of expenses incurred due to fixing the damage. Keep documents and evidence showing who the responsible party was for causing the damage.

2. Send the responsible party a demand letter

Have your attorney send a letter to the responsible party demanding compensation for the damage incurred. The demand letter should lay out the facts of the situation. In your demand letter you will want to state when and how the damage occurred, why you find them at fault for the damage, and what it will cost to fix the damage.

3. Ask witnesses for written statements

Request written statements from witnesses who have saw the damage take place and can testify in court on your behalf. Witness testimony adds strength to your case.

4. Find an experienced attorney

If your seeking damages were more than $5,000, you may want to hire an experienced attorney. An attorney, at the very minimum, can provide useful advice, or could draft a demand letter. Take advantage of their free consultations before deciding what route you will take. An experienced attorney will be able to fight for you in court, will be able to negotiate with insurance companies, and will be able to obtain maximum amount of damages.  

5. File your case and serve the summons

If the responsible party has refused the terms of your demand letter, you can take the next steps and file a lawsuit. File your case in either Small Claims Court (if the amount of damages are less than $5,000) or Superior Court (if the amount of damages are more than $5,000). Notify the responsible party of your lawsuit by serving them with a summons that includes a copy of the complaint.

For more information about filing a civil suit for property damage, send us a message.

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