When it comes to accidental or deliberate damage to your property, you should know the difference. This is because when malicious or deliberate damage occurs to your property, you will be able to hire a lawyer to sue for compensation. Anytime you are dealing with damage to your property, it is wise to hire a property damage attorney affiliated with PALUMBO LAW for assistance.
Different Types of Damages Defined
From the perspective of an insurance company, the following are definitions of the different types of damages:
- Accidental damage- This is considered a sudden or unexpected loss. This is typically something that is not planned, or intentional, but instead an accident. Some examples include damage to furniture or spills on a carpet.
- Malicious damage- This is considered as damage that was motivated by malice, vindictiveness, or spite with the intention of causing damage. Some examples of malicious damage include punched/kicked-in holes in walls and doors, doors knocked off the hinges, and graffiti. When this type of damage occurs, a police report is required to file a claim with a property attorney RI.
- Deliberate damage- This is considered an act that will change the current state of an item. However, it is carried out with no malice, vindictiveness, or spite. For example, if someone puts picture hooks onto a wall without any permission, this is considered deliberate damage. This is not a vindictive act but is considered a deliberate one. The intent is to make the property more homely.
When it comes to wear and tear, this is damage that occurs naturally and inevitably simply because people live on the property. Wear and tear cannot be prevented and happens just as much as it does in rental properties as it does in owner-occupied properties. Wear and tear damage consists of scuff marks on the walls, small marks on linoleum, worn carpet in walkways, etc.
Sometimes, due to the poor housekeeping of a tenant, damage may or may not occur. However, when damage does not occur, it can very well be due to tenants who did not clean up after themselves, who failed to air out their homes, or who never had their carpets, bathrooms, or ovens cleaned.
While this is considered poor housekeeping, it is not typically covered by insurance, even if a property is brand new. However, property managers can easily monitor these things by doing a routine inspection and by outlining these things to the tenant when they sign their lease.
How an Attorney Can Help
If someone destroys your property, it is important that you consult with a property lawyer RI. Property damage lawyers that have significant experience in dealing with criminal matters, specifically property damage, will help you immensely. Always look for a lawyer that is close to your home so that you can meet with them regularly without incurring any significant costs. An attorney will be able to discuss the case with you to let you know whether you have a good case or not.
Lawyers for property damage need as much evidence as you can gather to help them put the case before a judge. Everything that you give to them should be relevant, even if it casts you in a bad light. A good lawyer will be able to argue the case according to your wishes and goals.
If your property was damaged by another person, and you want to know what your legal rights are, Cranston RI property damage lawyers can inform you of your legal rights. Whether you are a landlord or dealing with property damage from an acquaintance, an experienced lawyer will help you exercise your rights to press charges on the party responsible.