Rochester Property Damage Attorneys
Premises Liability Lawyers in Monroe and Livingston County, NY
Property damage and premises liability cases can be expensive and time-consuming. Having experienced legal counsel on your side enables you to effectively navigate your property damage case, helping you work toward an optimal outcome.
At Duke Law Firm, P.C., our Rochester property damage attorneys serve the entire Southern Tier. We understand New York property damage and premises liability laws inside and out. We'll help you find the most efficient solution in your case.
To schedule a consultation with our property damage lawyers in Monroe and Livingston County, contact us online or via phone at (585) 449-4987.
What's the Statute of Limitations for Property Damage Claims in New York?
In New York, property damage cases have a three-year filing deadline. In other words, from the date your property is damaged or destroyed, you have three years to file a property damage claim against the offending party.
There are some circumstances that may cause the filing deadline to be extended. If the individual you sue is out-of-state when the property damage occurs or is difficult to find for various reasons (such as using a false or concealed identity or leaving the state for an extended period of time), the filing deadline for your case may be extended. You should consult with an attorney about the applicable statute of limitations for your case and never assume you have more time to file a case without first confirming the deadline with a competent attorney. Additionally, if the claimant in a property damage case is "under a disability because of infancy (in this case, being less than 18 years of age) or of insanity" when the damage occurs, the filing deadline for their case can be extended by up to three years.
The Role of Insurance in Property Damage Claims
Frequently, people turn to their insurance companies as their first source of compensation when property damage occurs, especially if said property was damaged or destroyed due to theft or vandalism.
If your residential or commercial property was vandalized, you should immediately file a police report. You'll also want to check your insurance policy and see whether your policy covers the items that were stolen or destroyed. It's worth noting that you may have to pay deductibles or have additional limits imposed on your policy, depending on the details of your case.
Having a Southern Tier property damage attorney who can advocate for you and understands insurance law can help ensure you receive the compensation you deserve if you cannot find the party responsible for the property damage and have to work with your insurance to resolve the issue.
Types of Property Damage Claims
First, it's important to understand the difference between real and personal property. Real property is land you own and things permanently attached to it, such as your house, trees, your lawn, your fence, etc. Personal property (sometimes known as chattels) applies to items such as computers, cars, artwork, heirlooms, etc., that are not permanently anchored on land you own.
There are a wide variety of claims that fall under the umbrella of "property damage" claims:
- Negligence. If an individual damaged your real property or personal property due to negligence (such as accidentally destroying your fence by cutting down a tree), you could file a negligent property damage claim against them.
- Trespassing. If an individual trespasses on your property to damage your property, you can file a claim against them.
- Conversion. If someone appropriates your property as their own (“steals” it), you can file a conversion claim.
- Product liability. If you receive a faulty product that causes damage to your real or personal property, you can file a product liability property damage claim.
- Contract disputes. Individuals often enter property damage contract disputes when they have a contract with an entity, such as an insurance provider, that refuses a claim they believe is valid, or issues a payout the claimant believes is inequitable.
What Can I Get by Filing a Property Damage Claim?
Generally, when individuals file a property damage claim, they either seek:
- Compensation equivalent to the restoration or replacement costs of damaged property; or
- Compensation equivalent to the market value of the property damaged at the time of the incident.
If you want to file a property damage claim, don't hesitate to contact our Rochester property damage attorneys. Our attorneys serve the entire Southern Tier and will help you compile evidence for your case and prepare a case strategy that helps you get the compensation you deserve for your damaged property.
To schedule a consultation with our Livingston and Monroe County property division lawyers, contact us online or via phone at (585) 449-4987.