Explaining the Property Damage Statute of Limitations in Texas

If you’ve had your property damaged in Texas, you might be thinking of filing a claim or even a lawsuit with your insurer. However, it’s essential to understand property damage laws, including the statute of limitations in Texas, which provides comprehensive guidelines on your right to initiate legal proceedings.

That said, you should never delay filing a claim with your insurer after an unwanted incident with your property. Getting the help of a public adjuster in Texas?could be a wise option because they can help you evaluate your damage and promptly file a claim with the insurance company.

However, as a policyholder, you should be aware of Texas's property damage statute of limitations. Here’s everything you need to know.

Filing Deadline

Policyholders have up to two years from when their property was damaged to file a lawsuit seeking compensation for repairs or replacement. The Texas Civil Practice & Remedies Code Section 16.003?explicitly says that a person must bring a case for injury to the estate or the property of another no later than two years from the day of the incident.

It’s essential to understand that the two-year deadline applies any time you seek the assistance of the court to award you compensation for repairs or replacement of a property, whether it’s a part of a larger suit or a standalone claim.

Missing The Deadline

If the two-year deadline has passed and you try to file a property damage lawsuit against the insurer, they’d most certainly try to pass a motion dismissing your claim. And in most cases, the court will fulfill their demand and grant the dismissal. If that happens, you’ve lost your right to any claim or legal remedy for your damages.

Therefore, you must file a lawsuit within the stipulated timeframe, even if you’re reasonably confident of your chances. On the other hand, leaving it too late may give the insurer plenty of legal options for a reduced settlement or the ability to dismiss the claim entirely.

Extending the Statute of Limitations Deadline

When filing a Texas property damage lawsuit, several situations can extend the deadline prescribed by the statute of limitations. Some instances are listed below:

·?The Texas Civil Practice & Remedies Code section 16.063?states “if the defendant, the insurer, in this case, is absent from the state of Texas for any part of the two-year deadline, the period is suspended from the statute of limitations for the entire length of the absence.”

·?The Texas Civil Practice & Remedies Code section 16.001?states “if the property owner is “under a legal disability” at the time of the property damage, the time of the disability is not counted towards the two years. The legal disability could be due to the plaintiff not being over 18 or having been declared of unsound mind. However, it is essential to note that if the legal disability comes after the limitation period has started, and it won’t suspend the running of the period.”

Understanding Texas Tort Law

Another aspect of Texas law that you should be familiar with when initiating legal proceedings for property damage claims is tort law. These laws help policyholders and citizens seek financial compensation for property and personal damage. Texas tort law includes the following:

·?Statutory Limits: “Claimants have the legal right to get monetary compensation provided they can provide that they have suffered financial damage. However, as explained earlier, they need to file the lawsuit within two years from the date of the injury.”

·?Comparative Negligence: This legal rule states, “the plaintiff who intended to claim damages can’t receive compensation if they were 51% or more liable for the loss. The rule was specifically designed to ensure that the parties who were most at fault for the damage would not benefit from such incidents that they could have prevented from happening.”

·?Texas Tort Claims Act: “The law allows citizens of Texas to file damage claims against the government or relevant agencies for the losses they suffer.”??

Why Hire Public Insurance Adjusters in Texas?for Property Damage Claims?

Property damage claims can be difficult to deal with on your own. Therefore, you should always consider hiring experienced insurance adjusters to help deal with the insurer on your behalf.

These trained professionals can assist in damage evaluation, creating comprehensive claims, and filing paperwork correctly with the insurer. They can also negotiate settlements with the insurance company if needed.

If you’re looking for a reliable public insurance adjuster in Texas?to handle your claims, you can’t go wrong with Morgan Elite Specialist Services. The Texas public insurance adjuster?has significant experience dealing with high-profile commercial insurance claims and has policyholders maximizing their settlement.

They more than 75 years of combined experience, and their team of insurance appraisers, damage consultants, and public adjusters work together to conduct a thorough evaluation of the damages and prepare a strong insurance claim that increases your chances of a favorable outcome.

You can visit their website for more information?or contact?Residential Insurance Adjuster TX?today?for more details.

Please note that Morgan Elite Specialist Services only provide public adjusting services. They are not lawyers or attorneys. To learn more about your legal rights under the Texas Property Damage Statute of Limitations or any other relevant legislature, it is important to consult with a lawyer.