When Should I Hire a Texas Property Damage Lawyer?
Property damage can be a stressful and expensive ordeal, whether you’re a homeowner, business owner, or landlord.
You expect your insurance to cover damages, but insurers often undervalue, delay, or outright deny claims. A property damage lawyer can advocate for you, ensuring you receive the compensation you deserve.
For those in Texas dealing with construction defects, the challenge is even greater. Builders and developers frequently dispute liability for defects, leaving homeowners with expensive repairs. Understanding the difference between construction defects vs. property damage and how the two issues can be intertwined is crucial for protecting your investment.
If you’re searching for the best property damage lawyer near me, this guide will help you:
- Learn when to hire a property damage lawyer
- Understand property damage lawyer fees and cost structures
- Recognize insurance adjuster tactics
- Know the statute of limitations for property damage claims in Texas
- Find legal representation for construction defects
What Does a Property Damage Lawyer Do?
A property damage lawyer represents individuals and businesses who have suffered property damage due to various causes, such as construction defects, storms, fires, or negligence. Their responsibilities include:
- Assessing damages and determining the rightful compensation.
- Negotiating with insurance companies to maximize settlements.
- Handling denied property damage claims and insurance bad faith disputes.
- Representing clients in lawsuits if negotiations fail.
Property Damage Lawyer vs. Insurance Adjuster
An insurance adjuster works for the insurer and aims to minimize payouts. A property damage attorney, in contrast, represents your interests to maximize your compensation.
Property Damage Lawyer vs. Public Adjuster
A public adjuster can evaluate claims but cannot provide legal representation for property damage or take your case to court if needed.
When Should You Hire a Property Damage Lawyer?
You should consider hiring a property damage lawyer if:
- Your insurance claim dispute is unresolved, and you’re getting low settlement offers.
- The insurance company has denied your property damage claim without a valid reason.
- There’s a dispute over actual cash value vs. replacement cost of your property.
- The insurer is refusing to pay due to policy limits and coverage disputes.
- You are dealing with subrogation claims where multiple insurance companies are involved.
- Your claim is close to the statute of limitations for property damage claims, which in Texas is generally two years from the date of the damage (Texas Civil Practice & Remedies Code § 16.003).
Finding the Best Property Damage Lawyer Near Me
If you’re searching for the best property damage lawyer near me, follow these steps:
- Research online and check reviews.
- Ask for referrals from real estate professionals, family, or friends.
- Schedule a property damage lawyer consultation to discuss your case.
What Questions Should I Ask Before Hiring a Property Damage Lawyer?
- How much experience do you have handling residential property damage and commercial property damage?
- What are your property damage lawyer fees (contingency, retainer, hourly)?
- How do property damage lawyers negotiate settlements?
- What is the average cost of a property damage lawyer?
- Does a property damage lawyer work on contingency?
Property Damage Lawyer Fees: What to Expect
Before hiring a lawyer, understand their fee structure:
- Contingency Fee Property Damage Lawyer: No upfront fees; the lawyer takes a percentage of the final settlement.
- Hourly Billing vs. Flat Fees: Some attorneys charge by the hour, while others offer flat fees for specific services.
- Retainer Fees: Upfront payments to secure legal services.
Many Texas property damage lawyers work on a contingency fee agreement, meaning you don’t pay unless they win your case.
Construction Defects vs. Property Damage: How They Overlap
What Are Construction Defects?
A construction defect refers to flaws in a building’s design, materials, or workmanship that result in damage or make the property unsafe. These defects can range from foundation cracks and roof leaks to faulty plumbing and electrical systems.
How Construction Defects Lead to Property Damage
Many homeowners mistakenly file an insurance claim dispute for property damage caused by poor construction. However, insurance companies often deny claims, arguing that the damage was due to construction defects rather than an insurable event (such as a storm or fire).
Examples of Overlapping Issues:
- Roofing Defects → Water Damage: A poorly installed roof can lead to leaks, which cause mold and structural damage.
- Foundation Defects → Cracked Walls & Flooring: A shifting foundation can damage interior walls and floors.
- Plumbing Defects → Flooding: A poorly installed pipe can burst, causing severe water damage.
Who Is Liable?
- Construction Defect Cases: The builder or contractor may be responsible for repairs and compensation.
- Property Damage Cases: The insurance company may be liable if the damage is covered under the policy.
A construction defect lawyer can help hold builders accountable, while a property damage attorney can assist with insurance claim disputes.
Legal Process of a Property Damage Claim
Small Claims Court vs. Civil Lawsuit
For minor disputes, small claims court may be an option. However, larger claims often require a civil lawsuit.
Mediation and Arbitration
These dispute resolution methods can settle property damage cases without going to trial.
Burden of Proof in Property Damage Cases
To win, you must prove:
- The extent of the damage.
- That the responsible party (contractor, insurer, or another entity) is liable.
- That the insurer is offering an unfair settlement.
Common Challenges in Property Damage Cases
Property damage cases can become complicated, especially when construction defects are involved. Homeowners often struggle to determine whether the damage should be covered by insurance, pursued against a builder, or both.
Why Do Insurance Companies Deny Property Damage Claims?
- Lack of sufficient documentation proving the damage was sudden and accidental.
- Disputes over depreciation and claim valuation reducing payout amounts.
- The claim exceeds policy limits and coverage disputes arise.
- The insurer argues the damage is due to pre-existing construction defects rather than an insurable event.
Why Is My Property Damage Settlement So Low?
- The insurance company is using insurance adjuster tactics to undervalue repairs.
- The settlement is based on actual cash value instead of replacement cost.
- The insurer claims the builder should be held responsible instead.
Can I file a property damage claim if the damage was caused by a construction defect?
Insurers often deny claims when they believe faulty construction—not a sudden event—caused the damage. However, if a defect led to further damage, a lawyer can help determine whether the builder, insurer, or both are responsible.
What if my insurance company denies my claim, saying the damage was due to faulty construction?
If your insurer refuses to pay because of a construction defect, you may need to file a claim against the builder instead. Texas law allows homeowners to take legal action against builders for defects under the Residential Construction Liability Act (RCLA), Texas Property Code Chapter 27.
Can I sue the builder and file an insurance claim at the same time?
Yes! A property damage lawyer can help determine whether you have a case against both your insurer and the builder. In some situations, the insurer may cover some repairs while the builder is liable for the rest.
Does homeowners insurance cover construction defects?
Most homeowners insurance policies exclude construction defects but may cover resulting damage (for example, if a faulty roof installation leads to water damage). A lawyer can help argue for coverage.
Can I get compensation for construction defects years after buying my home?
Texas law sets strict deadlines for suing builders. Under Texas Civil Practice & Remedies Code § 16.009, homeowners generally have 10 years from the date of construction to file a claim for defects. However, if defects cause new damage, your insurance may still provide coverage.
Can a Property Damage Lawyer Negotiate with My Insurance Company?
Yes! Lawyers can push back against low offers, policy loopholes, and denied property damage claims to secure fair compensation.
Can I Sue for Property Damage Without a Lawyer?
While possible, it is difficult to fight insurance companies and builders without legal representation. An experienced lawyer improves your chances of winning.
Can a Lawyer Help If My Claim Was Denied?
Absolutely! A property damage attorney can appeal a denial, provide expert analysis of your policy, and take legal action against the insurer or builder if necessary.
By working with a law firm experienced in both construction defect claims and insurance disputes, you can protect your rights and ensure you receive full compensation.
Contact the Law Offices of Joel Levine
If you’re facing construction defects or insurance claim disputes, you may need a lawyer with experience in construction defect claims against new home builders.
The Law Offices of Joel Levine specializes in holding builders accountable for poor workmanship. If your home was built with defects, don’t let the builder off the hook. Our team will fight for the compensation you deserve.
📞 Call now at (512) 982-1510
📍 Serving homeowners across Texas
Protect your home, your rights, and your financial future—contact us today!