Work with Desai Law when you need a West Virginia property damage lawyer. Get the compensation you deserve with help from experienced legal counsel. We’re dedicated to fighting for your cause. Call (304) 974-1974 or message us to discuss your case and start today.
Table of Contents
- Lawyer for Property Damage in West Virginia
- Property Damage? Take Legal Action
- Talk to a Property Damage Lawyer
- Types of Property Damage We Handle
- Property Damage Claims in West Virginia
- Why Choose Our Law Firm
- How a Lawyer Can Assist You
- Free Consultation with a Property Damage Lawyer
Lawyer for Property Damage in West Virginia
Chirag Desai of Desai Law is a lawyer for property damage in West Virginia. Your property is one of your most important assets. When it sustains harm, you need financial compensation.
You can have a West Virginia property damage lawyer represent you. You may have a claim against the insurance company or against the party responsible for damaging your property.
Our law firm is currently taking on new clients. Work with the law firm that fights for the little guy. Contact us to talk about your situation and start right away.
Property Damage? Take Legal Action
Property damage may occur because of a natural event, like a storm. It may also occur because of the actions of another, whether it is nearby construction work, diversion of water or an intentional act of harm.
When you suffer property damage, you can take legal action.
On an insurance policy
If you have insurance that covers the losses, you should receive a fair payout on your policy. Unfortunately, the insurance companies don’t always pay the compensation you deserve. You may not even know what you deserve based on your policy and how a claim works. You may need a lawyer to help.
Against those responsible
If someone has negligently, recklessly or purposefully damaged your property, you may take legal action against them. They may owe you compensation for the harm they have caused. A lawyer can help you build your case, file legal documents and pursue justice.
Talk to a Property Damage Lawyer
You can talk to a property damage lawyer today. From our offices in Morgantown, we represent clients throughout West Virginia. Desai Law was founded on the principle everyone should have access to the legal system when they need it. We represent individuals, groups and businesses.
Whatever challenge you’re up against, experienced lawyer Chirag Desai is prepared to assist you. Talk to a lawyer now by calling (304) 974-1974 or send us a message.
Types of Property Damage We Handle
Here are some ways that property damage may occur:
- Storms, including wind and lightning
- Water diverted from someone else’s property onto yours
- An explosion nearby, blasting, energy production activity
- Construction work going on near your land
- Fire that spreads to your location
- Movement of land
- Theft, intentional harm to property
Homeowners insurance, business insurance, motor vehicle policies and other types of insurance may cover losses. However, that doesn’t relieve a wrongdoer of liability if they cause harm. Bringing a claim against the responsible party doesn’t depend on whether you have insurance.
As your lawyer, we will explore all possibilities for you to recover compensation following property damage. Contact us for a complimentary consultation about your rights and begin your case as early as today.
What is the law on property damage in West Virginia?
West Virginia common law allows the victim of property damage to bring a claim against the party responsible. West Virgnia Code § 55-7-13a establishes a modified comparative fault standard with liability of persons causing property damage allocated in proportion to percentage of fault.
Property Damage Claims in West Virginia
What you must prove to win a property damage claim in West Virginia depends on the type of claim you’re pursuing.
The insurance company
When a case is against an insurance company for nonpayment of a policy claim, you must prove:
- You had an insurance policy, valid and in force.
- A loss occurred. There was property damage.
- Losses are covered by the insurance policy.
- You made a claim.
- Insurance refused to pay, or they paid too little.
- You deserve fair compensation for the value of claim, and possibly additional damages.
As the plaintiff, you must prove these elements. You may take your claim to trial or negotiate the insurance company for a settlement. A West Virginia property damage lawyer may assist you.
The party responsible
When a case is against a party who causes property damage, you must prove:
- You own or control the property in question.
- The defendant acted negligently, recklessly or purposefully. (A claim may also be based on lack of action.)
- Damage to your property occurred.
- The defendant’s actions were the proximate cause of the damage.
- Value of the damages and the appropriate compensation.
What kind of lawyer do I need for property damage?
A lawyer for property damage is a civil tort lawyer. They are hired by their client, and they represent the interests of their client. The lawyer handles claims where one person has a grievance against another or an insurance company because of property damage.
What is a property damage lawyer?
A property damage lawyer is a licensed professional who represents the legal interests of another person or party. When someone has a legal problem, a lawyer can act as their representative. This person is trained in the law. Their goal is achieving a result for their client through legal action.
What is property damage litigation?
Property damage litigation is the process of seeking compensation for property damage. When property you own is harmed, and you have the right to compensation, litigation is how to get your payment. The responsible party is unlikely to volunteer to pay. Litigating takes the party to court to seek your payment.
How do I sue for property damage in West Virginia?
To sue for property damage in West Virginia, file a summons and complaint, usually in a Circuit Court. You must comply with filing and service requirements. The other side has time to respond. Then, proceedings commence to pursue discovery, narrowing the issues before trial.
How long do you have to sue for property damage in West Virginia?
Under West Virginia Code § 55-2-1, a plaintiff has two years to sue for damage to property. For a claim based on an insurance contract, the limitations period is different. It’s always best to contact a lawyer for guidance as soon as you’re aware that there may be a problem or dispute prompting legal action.
Why Choose Our Law Firm
Here are some reasons to choose Desai Law when you need assistance with a property damage claim:
- We handle cases throughout West Virginia. We file claims in Circuit Courts and other appropriate courts with jurisdiction.
- Attorney Chirag Desai attended West Virginia University College of Law, earning a Juris Doctorate. He chose to make Morgantown his home to serve the residents of our state.
- We are experienced in tort claims. Having worked at a law firm, attorney Chirag Desai has a wide range of experience and exposure that his clients depend on.
- Each case begins with careful investigation and analysis. We customize our approach based on the evidence and your goals for litigation. Cases are resolved through trial and settlements.
- To us, you’re not a case number. You’re a person who needs help. Your case is our cause and our mission. It’s a privilege to assist each person we represent. We carry this mission with us as we work on your behalf each day.
Attorney Chirag Desai has received significant recognition for his work on behalf of his clients including the coveted AVVO Client’s Choice Award and being named a Super Lawyers Rising Star multiple times. With a law firm mission statement to help clients achieve justice, you can have a property damage lawyer fight for you. Contact us to see how we can help you.
How a Lawyer Can Assist You
Here are some ways our law firm can help you with a property damage claim:
- Determining whether a third party is legally responsible for damage, or if it is the result of a natural event
- Finding insurance that may apply and interpreting your insurance policy
- Evaluating your damages and the appropriate amount of compensation
- Dealing with the insurance company directly whether it is by filing paperwork, submitting a demand letter or negotiating
- Drafting legal documents, submitting them to formally start your case
- Building the evidence of why the property damage occurred and legal liability
- Pursuing your case through legal process and procedure
- Advocating for you throughout the case including in court
You can have a trained West Virginia property damage lawyer of Desai Law represent you. We’ll tailor our representation to your case, with the goal of maximizing your compensation and effectively representing your interests.
Free Consultation with a Property Damage Lawyer
Learn more about your property damage claim with a free consultation. Meet our legal team and see how we can help. Ask questions and get answers that are based on your specific situation.
For a free consultation with a West Virginia property damage lawyer, contact Desai Law today. Time is limited, and we want to get started right away. Contact us now by calling (304) 974-1974 or message us online. We’re ready to fight for you.
Desai Law, PLLC
449 Fortress Blvd
Suite 2100
Morgantown, WV 26508
(304) 974-1974
