Texas Property Damage Lawyer

For insurance disputes: breach-of-contract suits generally have a four-year limit unless your policy shortens it (often to two years and one day from the date of loss). Bad-faith/extra-contractual claims are typically two years (from the violation or discovery). Policies also require prompt notice (often days/weeks). Deadlines vary by policy—act quickly and have us review yours.

Under the Texas Prompt Payment of Claims Act, insurance companies must acknowledge your claim within 15 days, request necessary information, begin investigating, and make a coverage decision within a reasonable time. If they violate these requirements, you may be entitled to statutory interest on the claim amount plus attorney’s fees. Delays are a common bad faith tactic used to pressure policyholders into accepting lower settlements. Document all delays and communications, as this evidence strengthens your bad faith claim.

While you can file and pursue a property damage claim independently, having experienced legal representation significantly improves your outcomes. Insurance companies have teams of adjusters and attorneys working to minimize payouts. Policyholders with attorneys frequently receive substantially higher settlements than those who negotiate alone. Additionally, Texas law allows recovery of attorney’s fees in successful insurance disputes, meaning legal representation often costs you nothing out of pocket.

Texas law allows recovery of various damages beyond just repair costs. These may include additional living expenses if you cannot occupy your home, lost personal property, landscaping and exterior damage, code upgrade costs required by current building standards, and damages for bad faith, including mental anguish. If the insurance company acted in bad faith, you might also recover treble damages (three times your actual damages), statutory interest and penalties, and attorney’s fees.

Proving bad faith requires demonstrating that your insurance company failed to handle your claim reasonably and in good faith. Evidence of bad faith includes unreasonable delays, requesting excessive documentation, misrepresenting policy terms, failing to investigate properly, or denying claims without valid reasons. To prove common law bad faith, you must show the insurer denied or delayed payment even though liability was reasonably clear. Our attorneys know how to identify and document bad faith practices to build strong cases for additional damages.

Many policyholders worry that filing a claim will cause their premiums to increase. While a single claim may not automatically result in a rate hike, factors like the claim’s value, the type of damage, and the number of claims filed in your area can affect your rates. Insurance companies cannot, however, use your decision to seek legal counsel as a reason to raise your rates or non-renew your policy.

• Actual Cash Value (ACV) is the cost to replace your property minus depreciation. Depreciation accounts for the age and condition of the item.
• Replacement Cost Value (RCV) is the cost to replace the damaged item with a new one of similar quality without considering depreciation.

Most homeowners’ policies are RCV policies, but an insurer may initially pay you the ACV and then pay the recoverable depreciation once you complete the repairs.

Your homeowners’ policy typically covers sudden and accidental water damage, such as from a burst pipe or a leaking appliance. However, policies often exclude damage caused by ongoing leaks, flooding, or gradual seepage. The key is whether the damage was sudden and unforeseen. If your insurance company denies your water damage claim, an attorney can review your policy and the facts to determine if the denial is valid.

After suffering property damage, you have a duty to mitigate further damage. This means you must take reasonable steps to protect your property from additional harm, such as covering a damaged roof with a tarp or boarding up broken windows. You should also document the damage with photos and videos and report the claim to your insurer promptly. Your policy may contain specific notice requirements.

You are not required to use a contractor recommended by your insurance company. You have the right to choose your own contractor to repair your home. Get several independent estimates to ensure you receive a fair and accurate scope of work. An independent contractor’s estimate can provide crucial evidence if you dispute the insurer’s valuation of your damages.