Property damage cases

If someone’s property has been damaged, that person can sue the one they believe is responsible for the damage. They can ask for the money it will take to repair the damage, or, if it can’t be repaired, for the money it will take to replace the property that was damaged.

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Common types of property damage cases

There are many types of property damage cases. In most cases, someone is suing someone else because they accidentally or intentionally damaged their property.

example: car accident

You get into a car accident and your car is totaled. It will take over $15,000 to get a car similar to the one you had. You can sue the driver and owner of the car who hit you for the property damage as a result of a motor vehicle accident.

example: tree falling on your house

Your neighbor’s dying tree falls over in a storm and causes a lot of damage to your garage. Your neighbor’s negligence (lack of care) caused and resulted in damage to your property. You may sue the neighbor for the damage. If the neighbor is just a tenant, you may need to sue the owner of the property if they are the ones responsible for the upkeep of the trees.

example: vandalism

You have a dispute with your neighbor. In the middle of the night, they spray paint all over your house and break your windows. You will need to have the house repaired and repainted. It’s going to cost you over $15,000. You may decide to sue your neighbor for intentionally damaging your home.

Sometimes, property damage cases also involve personal injury, which means that a person gets injured physically, mentally, or emotionally. For example, a car accident can result in property damage to the car and personal injury to the person in the car.

If your case is about property damage and personal injury, make sure you check out our personal injury cases page to learn more about that part of the case.

Basics to consider before suing

Deadlines to sue: You generally have to sue within 3 years from the date of the damage (statute of limitations)

If you don't, then the other side can ask the judge to dismiss the case (which means you lose). There are different rules if you're suing the government.

Who to sue: It's not always easy to tell who is responsible for damage

In general, you sue everyone who is or may be responsible for the damage. For example, in a car accident, you would sue the driver who is at fault but if the car is owned by someone else, you may also want to sue the owner because they have some degree of liability.

Or, if your neighbor’s tree damaged your property, you sue the owners of the property and anyone else you think may be responsible for the tree falling. If your neighbors have someone who cares for their trees (an arborist), they may decide to sue them too if they think they didn't properly care for the trees.

Where to sue: Which county should the case be in (venue)

For property damage cases, you generally have to sue where the damage occurred or where the defendant lives or does business.

Insurance: Check to see if insurance will cover the damage

If you have insurance (like car or homeowner's), talk to your insurance company first and see what they need you to do. It’s possible your insurance company will cover the damage and you don’t have to sue, or can sue only for the amount of your deductible or whatever your insurance will not cover.

If you are responsible for the damage to someone’s property, checking to see if your insurance policy will cover that damage is also a good idea for you. It may be that your insurance company pays and you won’t get sued.

Causes of action: What are the causes of action and what is the proof

A plaintiff needs at least one cause of action to file a lawsuit. A cause of action is the legal reason for the lawsuit and every part (element) in that cause of action has to be proven. The defendant should also be aware of what the plaintiff needs to prove and how they can defend themselves.

Damages: What damages have you suffered and how much to ask for

Decide what damages you have suffered and are going to ask for. This could be as straightforward as the repair bills for the damage. But it could get more complicated if the damage is ongoing and you don’t know the full extent of it. For example, let's say a plumber accidentally broke your pipes causing flooding in your home. At first, it may look like only the flooring needs to be repaired and replaced, but overtime, you realize that the flooding caused mold to grow and you'll need to have that professionally removed.

Proof: What evidence do you have to prove your side

Collect evidence proving your position. If you are the plaintiff, this could be evidence showing the damage, cost of repairing the damage, and who’s responsible for the damage. This might include a police report, photographs, repair bills, proof of payment. If you’re the defendant, it could be proof that you are not responsible for the damage or are only responsible for part of it, or that the damage didn’t happen . Examples of evidence include pictures, 2-3 estimates for the repair or replacement, witness statements, police reports, insurance claims and investigations.

Forms you can use

In civil cases, most of the court forms are optional. You can use the optional forms if they work for your case, or you can create your own documents, called “pleadings.” Forms can be easier to use if they are available because they help you know what to ask for.

For the plaintiff

As a plaintiff, you always need a Summons, a Complaint, and at least one cause of action.