Property Damage Lawsuit Cost

Typical costs:

• For minor problems, the amount of money involved in a property damage case is often not sufficient to tempt a lawyer into tackling it on a contingency basis or to justify an attorney's time at an hourly rate of $100-$300 or more. If your claim can't be settled satisfactorily with the individual who at fault and/or the insurance company, you can file a complaint in Small Claims Court, which is typically designed to resolve simple cases without the use of lawyers. The maximum amount that can be awarded in Small Claims Court varies from $2,500-$15,000, depending on state law.
• For more extensive damage where an individual or agency can be found liable, such as a landslide under your house because of inadequate municipal drainage, an attorney may agree to take your case on contingency. In this case, the lawyer will be paid anywhere from 25-40 percent of any monies you receive in a settlement or court judgment (the percentage is usually at the higher end of the scale if the case goes to trial or is appealed). Often the lawyer will also pay out-of-pocket expenses such as fees for expert witnesses and other consultants, and then be reimbursed out of the settlement/judgment.
• Even when the damage is not as extensive or there isn't another party that is clearly liable, you can consult with an attorney at $100-$300 or more an hour to get legal guidance through the insurance claim process. The total cost will depend on the amount of time/assistance you require, the complexity of your case and whether you need to use of experts or consultants to establish liability or explain the causes and extent of the damages.
• If you're considered to be at fault, typically the cost of replacement or repairs to someone else's property will be paid by your homeowners or business insurance, and the insurance company will also provide legal representation in the event of a lawsuit.

• In legal terms, "damage" is a loss or harm resulting from injury to a person, property or reputation; "damages" refers to compensation given to a person who suffered a loss or harm due to the unlawful act or omission of another. The person at fault must pay the injured party for the loss. Whether you're at fault or the victim of someone else's negligence, UnitedPolicyholders.org provides tips^[1] for handling property damage claims.
• Depending on the nature of the problem, your attorney may hire structural engineers, appraisers, contractors and other experts to establish the amount of loss and damage you have suffered. In preparing your case, they will look at building repair costs, the contents of the structure, any additional living or operating expenses while you can't occupy the building, and any loss from the interruption of your business. Cornell Law School explains the difference between the compensatory and punitive damages^[2] that a defendant might be ordered to pay.

• Ask about the attorney's training and experience in property damage cases. When you meet with an attorney, bring copies of all documents relating to the case. Lawyers.com lists 12 questions^[3] to ask your potential lawyer.
• The American Bar Association^[4] provides links to lawyer referral services and lists legal resources in each state.
• Your attorney should provide you with a written fee agreement. Be sure you understand whether the lawyer is being paid an hourly rate or on contingency, and what other costs you might have to pay or have deducted from your settlement/judgment.

1.  www.uphelp.org/library/guides/property-damage-claims
2.  www.law.cornell.edu/wex/index.php/Damages
3.  research.lawyers.com/12-Questions-To-Ask-Your-Potential-Lawyer.html
4.  apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Check Out All Costs for Personal Finance		How Much Do Tax Returns Cost?		How Much Does Closing a Home Cost?		How Much Does a Traffic Ticket Attorney Cost?

Today's Featured Cost Articles

Is this the summer to finally take those swimming lessons? A BBQ grill could be handy with Memorial Day coming up. Spring has sprung. Are you thinking about allergy shots? Mother's Day is coming up. We cover the cost of massages and other spa treatments. April is craft month. We have the cost of scrapbooking and other crafts.

About CostHelper

CostHelper is based in Silicon Valley and provides consumers with unbiased price information about thousands of goods and services. Our writers are experienced journalists who adhere to our strict editorial ethics policy.

CostHelper Community

Portneuf medical hospital ER Paid: 210.00 they told us that the bill for the ER visit was only $210. later on we receive a bill for $1000. i got around 4-6 blood tests. all im mad about is that they lied to us... [more] -Gino Smile Blood Tests Cost Renovation ducting...never had central AC Paid: 1250.00 Renovating a guest house that never had central AC, therefore had no ducting...owner removed the ceiling as it had to be replaced anyway... [more] -CPace Ductwork Cost Flu symptoms Paid: 5932.68 Couldn’t stand headache pain when I caught the flu in March 2019. Threw up pain relievers, couldn’t eat or drink. After 5 hours of pain decided to hit ER... [more] -GayLynn Emergency Room Visit Cost Financing Paid: 20000.00 How do people afford wells? No one finances?... [more] -Kourtney Well Drilling Cost 1 yr 23lb Male Neuter Paid: 424.08 The price would have been $282.08, but I opted for the blood work and to have it done via laser versus scalpel. I was still surprised by the cost, but I didn't really have anything to compare it to... [more] -Joelle Dog Spay or Neuter Cost Is this cost of tax preparation correct Paid: 1845.00 Each year our tax preparation cost goes up faster than inflation. we started at $800.00 in 2012 and now our bill for preparing taxes this year is $1,845.00... [more] -smallbizchris Business Tax Preparation Cost