Property Damage

Property damage cases involve any incident wherein a third party does damage to the property of another. The most common property damage case is the typical car accident case, but cases can include anything from gunshot damage to damage to a neighboring building in the construction process. There are various terms which are frequently used to classify damages in property damage cases.

Compensatory damages are awarded to compensate the party who experienced a loss in an attempt to put him/her back in the position that he/she held before the harm.

General damages are slightly different from compensatory damages in that general damages seek to give the plaintiff the fair market value of the property damaged. While the distinction is small, there are times when the fair market value exceeds the amount needed to put the plaintiff back in his/her original position.

Consequential or special damages are costs incurred because of the property damage. Examples include the use of a rental car while the damaged car is being repaired or the cost of stabling horses when a barn is being rebuilt.

Future damages are awarded when it is proven that the current damage has adversely affected the plaintiff's financial future. This could occur when a tennis instructor anticipates the cost of rental of courts in the summer because his/her personal court was damaged or when a limousine company loses a client because of damage and can prove that business will be lost as a result.

Incidental damages are the reasonable costs associated with the claim. These include everything from the cost of photographs for court to the delivery charge on a special part for a sports car.

Punitive damages are given in cases with severe reckless conduct or cases of malicious intent. Punitive damages act to punish the wrongdoer and to change his/her future behavior as well as deter others from acting in a similar way.

To speak to an attorney about property damage, call 770-461-2025 to set up a consultation with one of our attorneys.