When your property is damaged, whether it’s your home, vehicle, or business, the frustration goes beyond the cost of repairs. In Texas, the law gives you the right to seek civil remedies against the person or entity responsible. But knowing your rights and the steps to take can make the difference between fair compensation and an uphill battle. Here’s what you need to know about civil remedies for property damage in Texas.
What Qualifies as Property Damage?
Texas law defines property damage broadly. It can include:
- Vehicle collisions
- Vandalism
- Negligent home construction
- Water or fire damage caused by a neighbor’s actions
- Damage caused by contractors or service providers
- Commercial property damage due to third-party negligence
If someone’s negligence, recklessness, or intentional act caused harm to your property, you may have a claim.
Legal Basis for a Property Damage Claim
Most civil property damage claims in Texas are based on negligence, trespass to property, or conversion.
1. Negligence: Failing to act with reasonable care, like a driver rear-ending your car or a contractor damaging your plumbing system.
2. Trespass to Property: Unlawful entry or interference with property, often used when someone physically damages land or possessions.
3. Conversion: When someone wrongfully uses or destroys your property, like taking equipment and refusing to return it.
What Can You Recover?
If successful, you may be entitled to:
- Repair or replacement costs
- Diminished value (if the item can’t be fully restored)
- Loss of use (e.g., rental car while your vehicle is in the shop)
- Consequential damages (such as lost business due to damage)
- Punitive damages (in cases of intentional or malicious damage)
Statute of Limitations in Texas
In most cases, you have two years from the date of the damage to file a lawsuit under Tex. Civ. Prac. & Rem. Code § 16.003. If you wait too long, you may lose your right to recover, even if you have a strong case.
Proving Your Case
- To win a property damage claim, you need to prove:
- Ownership or legal interest in the damaged property.
- The defendant’s responsibility (through negligence or intent).
- The extent and value of the damage.
Gathering documentation photos, repair estimates, police reports, and witness statements can significantly strengthen your case.
What If Insurance Is Involved?
Many claims go through insurance, but insurers may offer less than your actual loss. If you’re not getting a fair settlement or if the insurance company delays or denies the claim, legal action may be necessary.
Final Thought on Civil Remedy for Property Damage in Texas
Some property damage disputes can be resolved informally or through small claims court. But if the damage is significant, the legal issues are complex, or the responsible party is denying fault, it’s smart to speak with an attorney.
Need help with a Property Damage Claim in Texas?
At the Law Office of Udo Ezeamama, we help Texans assert their rights and pursue full compensation for damaged property. Whether it’s a busted fence, a wrecked car, or a multi-thousand-dollar loss, we don’t just file paperwork; we fight to win. Call the Law Office of Udo Ezeamama today or schedule a consultation online. Let’s hold the responsible party accountable and get your property and your peace of mind back in place.