Texas Property Damage Claim Lawyer
Texas faces a high risk of property damage due to its diverse and extreme weather patterns, making it one of the most hazard-prone states in the U.S. Coastal cities like Houston, Galveston, and Corpus Christi are especially vulnerable to hurricanes and tropical storms, which can cause devastating flooding and wind damage. Dallas and Fort Worth, located in Tornado Alley, frequently experience severe tornadoes that can result in extensive structural damage.
Cities such as Austin, Bay City and San Antonio are also at risk from flash floods and hailstorms. The state’s expansive geography means that almost every area is susceptible to some form of natural disaster. At Larry Moskowitz, PA, our top-rated lawyers for property damage claims and Boots on the Ground team can provide you with the strong legal representation you need to recover compensation from the insurance company.
Texas Property Damage Laws for Recovering Compensation
Texas property damage laws are governed by a combination of state statutes, case law, and local regulations. Our knowledgeable property damage attorneys in Texas use the full force of these laws to protect your rights and defeat the insurance company’s attempts to undervalue or deny your claim for both real property and personal property.
Texas Civil Practice and Remedies Code
The Texas Civil Practice and Remedies Code contains provisions that guide the legal process for civil lawsuits, including property damage claims. This code outlines the general principles of liability, the requirements for filing a lawsuit, and the potential damages that can be awarded. Specific sections of interest include:
- Chapter 16: Limitations – This chapter details the statute of limitations for various types of claims. For property damage, the statute of limitations is typically two years from the date the damage occurred or was discovered.
- Chapter 33: Proportionate Responsibility – This chapter covers the principles of comparative negligence, which can affect the amount of compensation a plaintiff can recover if they are found to be partially at fault for the damage.
- Chapter 41: Damages – This chapter outlines the types of damages that can be awarded in a property damage lawsuit, including actual damages (cost of repair or replacement), exemplary damages (punitive damages), and prejudgment interest.
Texas Insurance Code
The Texas Insurance Code regulates the practices of insurance companies and provides protections for policyholders. Texas property damage lawyer Larry Moskowitz is well-versed with the key provisions related to property damage claims, which include:
- Chapter 541: Unfair Methods of Competition and Unfair or Deceptive Acts or Practices – This chapter prohibits insurance companies from engaging in unfair practices, such as misrepresenting policy terms, failing to promptly investigate claims, and denying claims without a reasonable basis.
- Chapter 542: Processing and Settlement of Claims – Also known as the Prompt Payment of Claims Act, this chapter sets timelines for insurance companies to acknowledge, investigate, and pay claims. It includes penalties for insurers who fail to meet these deadlines.
- Chapter 2002: Texas Windstorm Insurance Association (TWIA) – This chapter establishes the TWIA, which provides windstorm and hail insurance for properties in designated coastal areas. This is particularly relevant for property owners in hurricane-prone regions of Texas.
Local Regulations in Texas Cities
In addition to state statutes, local regulations can impact a property damage insurance claim. These regulations may include building codes, zoning laws, and ordinances that dictate construction standards and safety requirements. Property owners must ensure that their properties comply with these local regulations to avoid complications in their claims.
Case Law and Precedents
Texas case law, derived from court decisions, also plays a significant role in shaping property damage laws. Courts interpret statutes and apply legal principles to specific cases, creating precedents that influence future claims. Key areas of case law include:
- Interpretation of Insurance Policies – Courts often decide disputes over the interpretation of insurance policy terms, such as what constitutes “wear and tear” versus covered damage.
- Bad Faith Claims – Courts address claims of bad faith against insurance companies, setting precedents for what constitutes unreasonable denial or delay of claims.
Common Property Damage Claims and What Evidence We Use
Texas property claim lawyer Larry Moskowitz and his Boots on the Ground team will move fast to secure all possible evidence and make a strong claim for damages to the insurance provider on your behalf. Our services extend to all types of property damage insurance claims, including:
Storm Damage Claims
Texas is no stranger to severe storms that cause massive property damage. Whether it is hurricanes, tornadoes, or thunderstorms, the impact on homes and businesses can be devastating.
Types of Evidence Collected:
- Photographic Evidence: High-resolution photographs and videos of the damage, taken immediately after the storm
- Weather Reports: Official weather reports and storm tracking data to establish the timing and severity of the storm
- Structural Assessments: Detailed inspections and reports from structural engineers to assess the extent of the damage to the property
- Damage Estimates: Comprehensive repair estimates from licensed contractors and construction experts
- Insurance Policy Review: Examination of the insurance policy to identify applicable coverage and exclusions
Water Damage Claims
Water damage can result from a variety of sources, including burst pipes, flooding, and leaks. In Texas, the risk of water damage is particularly high due to unpredictable weather patterns and aging infrastructure.
Types of Evidence Collected:
- Inspection Reports: Thorough inspections by water mitigation experts to identify the source and extent of the damage
- Moisture Readings: Advanced moisture detection tools to measure water levels in walls, floors, and ceilings
- Mold Assessments: Tests conducted by mold remediation specialists to detect and document mold growth
- Photographic Documentation: Detailed photos and videos of the affected areas
- Water Bills: Analysis of water usage records to identify unusual spikes indicating leaks
Hail Damage Claims
Hailstorms can cause significant damage to roofs, windows, and exterior surfaces. Due to the frequent hail storms in Texas, these types of claims are common.
Types of Evidence Collected:
- Roof Inspections: Detailed evaluations by roofing experts to assess hail impact and overall roof condition
- Hail Size Documentation: Collection of hailstones or measurement of hail damage using recognized scales (e.g., dime-sized, quarter-sized)
- Exterior Assessments: Inspections of windows, siding, and other exterior elements for dents, cracks, and breaks
- Weather Data: Historical weather data to confirm the occurrence and intensity of the hailstorm
- Repair Estimates: Quotes from contractors for repairing or replacing damaged materials
Fire Damage Claims
Fires can result in extensive damage, not only from the flames but also from smoke and water used in firefighting efforts. Texas property owners need to be vigilant about fire safety and know their coverage options.
Types of Evidence Collected:
- Fire Incident Reports: Official reports from fire departments detailing the cause and extent of the fire
- Smoke Damage Assessments: Evaluations by environmental experts to identify and document smoke damage
- Water Damage Documentation: Reports on water damage caused by firefighting efforts
- Chemical Analysis: Tests to detect and document chemical residues in case of grease or electrical fires
- Reconstruction Estimates: Detailed repair and reconstruction estimates from contractors and builders
Wind Damage Claims
Strong winds, often accompanying severe storms, can cause a range of damages from roof and structural damage to broken windows and fallen trees.
Types of Evidence Collected:
- Wind Speed Data: Meteorological data confirming wind speeds and conditions at the time of the damage
- Structural Evaluations: Assessments by structural engineers to determine wind damage to roofs, walls, and foundations
- Debris Documentation: Photographic evidence of fallen trees, broken branches, and other wind-blown debris
- Property Surveys: Detailed surveys to map out the extent of the damage across the property
- Insurance Policy Analysis: Reviewing policy terms to ensure wind damage coverage and address any exclusions
How Texas Property Damage Attorney Larry Moskowitz and His Team Can Maximize Your Compensation
Aggressive Representation
Texas property insurance claim attorney Larry Moskowitz will use his three decades of legal experience to ensure that your natural disasters damage claim is taken seriously. He can leverage his background as a prosecutor to fight claim denials and low settlement offers.
Boots on the Ground Team
In addition to property damage lawyers, our expert team at Larry Moskowitz, PA comprises Experienced professionals, including structural engineers, roofing experts, plumbers, electricians, water mitigation specialists, mold remediation experts, and general contractors. They will conduct thorough inspections and gather critical evidence to support your claim.
Documentation and Policy Review
Comprehensive documentation is key to a successful claims process. Our Texas property damage attorneys diligently prepare and organize all necessary documents, ensuring no detail is overlooked. Interpreting the nuances of insurance policies is also vital. Larry Moskowitz’s team will carefully review your policy to identify coverage options and challenge unjust exclusions or denials.
Negotiation and Litigation
Whether negotiating with insurance companies or taking the matter to court, Texas property damage claim attorney Larry Moskowitz is prepared to fight with tenacity and maximum resources to recover the compensation you deserve. His stellar record of handling thousands of civil cases and taking over 150 trials to verdict speaks to his dedication and capability.
Why Choose Larry Moskowitz, PA to Represent You?
Determination, Trial Experience, and Track Record
Larry Moskowitz is an experienced attorney with over three decades of legal experience. His legal journey began as an Assistant State Attorney/Prosecutor, where he honed his skills in the courtroom and developed a reputation for his tenacity and dedication. With a career spanning more than 35 years, he has handled thousands of civil cases. This extensive trial experience equips him with the knowledge and confidence to take on any challenge, no matter how formidable.
When it comes to property damage claims, Larry Moskowitz’s approach is uncompromising. Insurance companies often deny claims or offer settlements far below what is fair, banking on policyholders accepting these decisions without contest. Larry’s history of never accepting a “Not Guilty” verdict in his prosecutorial career translates directly into his relentless pursuit of justice for his clients. He simply does not accept a “claim denied” decision from insurance companies.
Attorney Moskowitz has gone head-to-head with all the major insurance companies, outmaneuvering their tactics and leveraging his in-depth knowledge of the law to benefit his clients. Moreover, he has significant experience assisting clients in accessing government disaster relief programs, further enhancing the compensation they receive. His track record speaks for itself. He has successfully helped thousands of business owners and homeowners recover millions of dollars.
Deep Domain Expertise in Property Damage Claims
One of the key reasons to choose Larry Moskowitz as your property damage claim lawyer is his deep legal knowledge and skill in handling property damage and homeowners’ insurance claims. He and his dedicated legal team understand the nuances of property damage claims, having dealt with thousands of claims related to residential and commercial properties with varying degrees of complexity. This specialization means that his team brings a level of expertise to each case that is exceptional in the field.
Moreover, Larry Moskowitz and his team stay continuously updated on the latest legal developments, industry standards, and effective strategies to handle claims. They are well-versed in the intricacies of Texas property damage law, which allows them to handle complex cases with ease and precision. Their deep understanding of this specific area of law ensures that they can uncover every potential avenue for compensation to maximize your insurance claim.
Get Our Battle-Hardened Texas Property Damage Claim Lawyer on Your Side
Property damage claims in Texas require a strong, evidence-based approach to take on powerful insurance companies. With aggressive representation from Texas property damage attorney Larry Moskowitz and support from his Boots on the Ground specialists, you can be confident that your case is being handled by a team that will not back down and will not rest until your full financial recovery has been achieved. To schedule your free consultation, call us at (844) 849-0760 or contact us online.