Your home or business is more than just a building or property in California – it's your shelter, your investment, and your future. But when fire, water, or natural disasters strike, your property can suffer damage. Insurance companies may treat you like just another claim number. They can also delay, deny, and undervalue legitimate claims while you are left picking up the pieces.
At The Law Offices of Robert Dourian, we understand the devastation of watching your property destroyed by fires, discovering extensive water damage from broken pipes or floods, fighting with insurance adjusters who minimize the losses, and struggling with mounting bills and repair costs. Our property damage attorney in Pasadena helps property owners who need to file complex property damage claims. We will investigate your claim, calculate your full losses, and fight for the maximum compensation you deserve.
Time is critical in many of these situations. Evidence can disappear, deadlines will expire, and your rights can be compromised. Contact us today at 1-800-790-8856 to schedule a free and learn how we can help restore your property and your peace of mind.
Overview of Property Damage Claims and Lawsuits in California
When you purchase or invest in property, you get insurance to protect it in case of damage. Four basic types of property damage exist:
- Fire damage can be caused by electrical malfunctions (faulty wiring, overloaded circuits), heating system failures, lightning strikes, wildfire spread, and arson.
- Water damage can be caused by plumbing system failures (burst pipes, leaks), roof leaks, appliance malfunctions (washing machines, water heaters), storm/weather damage, flooding, sewage backups, and foundation issues.
- Construction-related damage can involve poor workmanship, code violations, defective materials, improper waterproofing, foundation settling, and structural defects.
- Natural disasters – from hurricanes to earthquakes to mudslides, wind, and flash floods – can inflict extensive damage to real property.
When someone discovers property damage, they most often contact their insurance company first to file a claim. You should do so promptly because some policies specify strict notification deadlines (48-72 hours). You should also:
- Not wait for an insurance response before consulting an attorney
- Start documenting everything from day one
- Consider emergency repairs to prevent further damage
- Keep records of all communication dates
- Watch for insurance company delay tactics
- Be aware multiple deadlines may apply
Even when you think you have done everything right, the claims process may not go as anticipated and may become litigious. Property claims that often result in litigation include situations where:
- Insurance denies coverage
- Multiple parties share liability
- Damages are extensive
- Repairs are complicated/expensive
- Evidence indicates possible negligence
- Professional errors are involved
If you end up filing a lawsuit, the time you have to file (Statutes of Limitation) varies by state and situation:
- Property damage – You may have only 2-3 years from the date of damage (varies by state) to file a lawsuit if the claims process does not render an acceptable outcome
- Contract claims – If the damage is related to a contract, you may have longer to file a lawsuit (varies by state but generally 4-5 years)
- Bad faith insurance – When you believe your insurer is acting in bad faith, you may have 2-3 years (varies by state) from the date of the denial or breach to file a lawsuit
- Claims against government – In this situation, the time to file is much shorter (often 6 months or less but can vary by state)
- Construction defects – You may have up to 10 years to file a lawsuit, but it depends greatly on the issue and the state
If your property is in California, it is always in your best interest to speak with our property damage and insurance claims lawyer at The Law Offices of Robert Dourian. Getting smart, accurate information from the start of your claim can be key to avoiding delays and recovering maximum compensation.
Types of Property Claims or Lawsuits in California
Property claims are not just about the type of damage your property received, but about what caused the property damage. It could be a claim based on negligence, construction issues, or product defects. In addition, you might also have a personal injury claim if someone was injured as a result of the property damage.
Negligence-Based Claims
These types of claims are often made against property owners or managers (like landlords or HOAs), maintenance parties (like plumbers, electricians, or roofing companies), utility companies (like water, gas, or electric), or government entities (like city or county building departments, fire departments, water districts) for:
- Inadequate fire or flood prevention systems
- Failure to maintain proper fire suppression equipment
- Non-compliance with fire codes or other related codes
- Improper electrical system maintenance
- Failure to address known fire or flood hazards
Construction/Contractor Issues
These types of claims are often made against professional service providers (like architects, engineers, building or property inspectors) or construction companies, construction material suppliers, and general contractors for:
- Defective construction leading to water damage
- Improper installation of fire prevention systems
- Faulty electrical work causing fires
- Poor plumbing installation leading to water damage
- Inadequate waterproofing
Product Liability
Product liability claims are often made against product manufacturers or sellers (like appliance manufacturers, fire suppression equipment makers, building material manufacturers, electrical component manufacturers, plumbing fixture companies, and product distributors and retailers) for:
- Defective appliances causing fires
- Faulty electrical products
- Defective fire suppression systems
- Malfunctioning smoke detectors
- Faulty water heaters or plumbing components
Personal Injury Claims
If anyone suffered a physical injury involving or resulting in burns, smoke inhalation, respiratory issues from toxic fumes, water-related injuries (slip and falls during flooding), or long-term health effects from mold exposure, these injuries should be included. The claim or lawsuit can also include emotional or psychological damages, like PTSD from fire incidents, anxiety and depression, loss of quality of life, emotional distress from displacement, and/or mental anguish from loss of personal belongings.
Insurance Company Disputes
Claims can also be made against insurance companies for:
- Bad faith denial or delay of claims
- Undervaluation of property damage
- Failure to properly investigate claims
- Improper claim handling procedures
- Unreasonable interpretation of policy exclusions
Speaking with a property claims lawyer in [State] is the best way to make sure you file the right type of claim. Failing to file it right can cost you in terms of delays and denials.
Property Damage Claims and Lawsuit Process in California
The property damage claim and lawsuit process will depend on the unique facts and circumstances of your case. The general process, though, can be summarized into four main parts.
1. Initial Steps
This part of the process is the discovery part. Any discovered damage should be photographed, videotaped, and inventoried. You should also take appropriate steps to mitigate further damages. Before filing a claim, you will also need to get an estimate of the damage and track all expenses. It's during this phase, too, that you should involve an attorney, especially if the damage is extensive or the claim is complex.
2. Insurance Claim Phase
This part involves active participation on the part of the insurance company and your attorney, if you hired one. The insurance adjuster will conduct an inspection or investigation. Damage will be valued, and coverage will be determined. In many cases, negotiations to settle the claim will be undertaken. If negotiations are acceptable, payment will be made and the process may end here. However, if the claim is denied or is inadequate, further steps may have to be taken.
3. Denied or Inadequate Claims
You may need to have an independent damage assessment conducted. If you have not already done so, you should consult with an attorney. Your attorney will start the demand process with the insurance company or other potentially liable parties. Another investigation into the damage may be necessary to uncover any information or evidence not previously found.
4. Property Damage Lawsuit
If negotiations fail, a lawsuit can be filed against the appropriate parties. Timelines vary by case complexity and jurisdiction but are typically 6-24 months. Most cases settle before trial.
Types of Compensation for Property Damage in California
The types of compensation you can receive depend on multiple factors. The obvious two factors include the terms of your insurance contract and the actual property damage you experienced. Other damages and losses can also be factored into it. Here's a breakdown of some of the most common types of damages and losses our clients at [Law Firm] often receive compensation for.
Direct Property Damages
- Repair or replacement costs for damaged structures
- Cost to rebuild damaged portions of property
- Replacement of damaged personal property (furniture, clothing, electronics)
- Restoration costs (smoke damage cleanup, water extraction, mold remediation)
- Landscaping replacement or restoration
- Cost of upgrades required by current building codes
Additional Living Expenses (ALE)
- Temporary housing costs
- Additional food expenses
- Extra transportation costs
- Storage facility rental
- Pet boarding expenses
- Increased utility costs at temporary residence
Business-Related Damages
- Lost business income
- Lost rental income
- Business interruption costs
- Loss of future earnings
- Employee wages during closure
- Cost of temporary business relocation
Incidental Damages
- Debris removal costs
- Property security costs
- Emergency repair expenses
- Moving and storage expenses
- Professional cleaning services
- Cost of preparing claim documentation
Long-Term Impact Damages
- Diminished property value
- Future increased insurance premiums
- Long-term maintenance costs from damage
- Environmental remediation costs
- Impact on future rental/business potential
- Cost of preventative measures required
Professional Service Fees
- Public adjuster fees
- Engineering inspection costs
- Environmental testing expenses
- Architectural services
- Legal fees and expenses
- Expert witness fees
Personal Impact Damages
These damages are also known as non-economic damages. They only apply in states that recognize this type of damage. If allowed, it could include compensation for:
- Medical expenses related to the incident
- Lost wages from dealing with property issues
- Mental anguish/emotional distress
- Loss of use and enjoyment of property
- Impact on quality of life
- Relocation stress and inconvenience
Though some states do not recognize this type of compensation, most do if there was an accompanying physical injury and/or proof of severe emotional impact.
Punitive Damages
Only in rare cases of egregious conduct may a client receive punitive damages. Examples of when it might apply include cases involving
- Bad faith insurance handling
- Willful negligence
- Fraudulent practices
- Malicious conduct
- Reckless disregard for safety
- Pattern of misconduct
Always speak to an attorney first, however, because some states do not recognize punitive damages for property damage claims or lawsuits. Also, most other states impose caps on the amount you can receive if punitive damages are awarded.
Do You Need a Property Damage Attorney in California?
In many straightforward cases, you may not need an attorney to help you with a property damage claim or lawsuit. In certain situations, however, people should consider hiring an attorney. Here are the most common situations where you should speak to a property claims lawyer.
When insurance companies act in bad faith by:
- Denying legitimate claims without proper investigation
- Making unreasonably low settlement offers
- Significantly delaying claim processing
- Misinterpreting policy terms to avoid payment
- Failing to communicate about claim status
When damages are substantial, like in situations where:
- Total loss of property is from fire
- Extensive water damage affects multiple rooms/floors
- Structural damage requires major repairs
- Business interruption losses exist
- Damages exceed $10,000-15,000
When liability is disputed and there are:
- Multiple parties potentially at fault
- Questions about cause of damage
- Shared responsibility scenarios
- Cross-claims between different parties
- Complex contractual relationships involved
When dealing with complicated coverage issues, like:
- Multiple insurance policies involved
- Questions about coverage exclusions
- Disputes over covered vs. non-covered damages
- Overlap between homeowners and other policies
- Special riders or endorsements
When facing technical or expert issues on:
- Engineering reports
- Environmental contamination
- Mold remediation requirements
- Code compliance upgrades
- Complex building systems
When time-sensitive issues arise due to:
- Statute of limitations concerns
- Evidence preservation needs
- Immediate repair requirements
- Temporary housing arrangements
- Business continuity issues
When experiencing unfair treatment, like:
- Pressure to accept quick settlements
- Harassment from adjusters
- Threatening communications
- Discrimination in claim handling
- Retaliation for complaints
When documentation becomes overwhelming because of:
- Multiple contractor estimates
- Complex proof of loss requirements
- Extensive photographic evidence
- Detailed inventory lists
- Historical property records
At The Law Offices of Robert Dourian, we handle these situations with skill and professionalism. We aim to ensure you get the compensation you deserve while handling all the legal issues on your behalf so that you can focus on rebuilding your home, business, or investment.
Contact a Property Damage Litigation Attorney in Pasadena Today
When disaster strikes your property, you need someone who knows the law, the process, and the means to obtain full compensation for your losses. Whether you're facing devastating fire damage, extensive water damage, or natural disasters, we at The Law Offices of Robert Dourian are here to help make sure you get smart advice and trusted representation. We won't minimize your losses or compromise your future; we will protect your interests and persevere for maximum recovery.
Our property damage attorney in California handles everything from documenting damages to negotiating with insurers to filing lawsuits when necessary. Time is critical in property damage cases – evidence can disappear and deadlines can expire. Contact us today by filling out the online form or calling 1-800-790-8856 to schedule a free.