Having your property damaged by another person is frustrating to deal with. Whether you are dealing with destruction to your car, home, or any other asset, understanding how property damage works in Texas will help you through the claims process. While those who commit property damage may be charged with criminal offenses from authorities, those that experienced the damage may be able to seek financial compensation under civil law. Understanding Texas' limits on property damage civil cases will help you understand what path to take toward recovery.
Recovering Financially After Property Damage in Texas
Texas has laws in place to protect those who have experienced property damage. These laws enable Texas citizens to pursue financial reimbursement through tort law. This type of law is designed to protect those who have suffered damages from the negligence of others. Notably, Texas is a “tort reform” state. This term means that the state has made several unique revisions to its laws that those making a claim should know.
Tort law in Texas includes:
- Statutory Limits – Texas requires that the person claiming loss is able to prove that they have experienced financial damage. Texas law requires that the person filing the claim begins the process within 2 years of the date of the incident. Extensions for this rule may be made if the claimant was not in Texas for an extended amount of time or if the claimant was physically unable to make the claim within the statutory limit.
- The Texas Tort Claims Act - This is a tort reform that allows citizens to file damage claims against the government. Many states do not allow citizens to pursue the recovery of losses from governmental agencies.
- Comparative Negligence – This rule states that a damaged party cannot receive compensation if they were 51 percent or more responsible for the damages that occurred. This law prevents those who are mostly-at-fault from unfairly pursuing damages from an accident that they had the ability to prevent.
If you think you have a property damage claim in Texas, our tort law lawyers are ready to help. Call us today for a free consultation at (888) 493-1629.