What Is Considered Property Damage in a Denver Personal Injury Suit? 2024

In a personal injury suit, there are many different types of damages that you may recoup for your accident. These can include medical expenses, lost wages, emotional distress, pain and suffering, and property damage. Multiple types of property damage can be taken into consideration when determining your settlement amount. When you pursue a claim, it is important that you ask, “What is considered property damage in a Denver personal injury suit?”

Property Damage in a Denver Personal Injury Suit

When it comes to personal injury suits, property damage is a common thing to pursue when trying to recoup damages for your accident. Property damage can occur as collateral damage in a number of different types of accidents. Depending on the situation, you could claim property damages with the help of an experienced personal injury attorney.

Colorado state law requires compensation that’s equal to the market value of the damaged property and even for any time you may have lost due to waiting on the repairs. Your property has value, and it is important that you are compensated for any property that is broken or destroyed as a result of a personal injury.

Legally, property is often divided into two distinct categories:

• Real Property: Real property is land that you own, as well as anything attached to that land, such as houses, barns, swimming pools, and trees. In a personal injury case, your real property can be damaged due to the actions of one or more negligent parties, and if found guilty, the defendant may have to pay you back the value of that property or what it costs to fix it.
• Personal Property: All property of yours that isn’t considered real property is considered personal property. Everything you own, including clothing, jewelry, vehicles, collections, and all of your devices, is considered your personal property. In the event of a personal injury that results in damage to your vehicle or damage to your phone, the defendant may have to reimburse you for that damage if they are found liable.

Common Causes of Property Damage in Personal Injury Cases

When you are injured as a result of someone else’s negligent or malicious actions, there’s a decent chance your property was damaged, too. If your injury was the result of a car accident, the damage could be severe. If your phone was cracked as a result of the accident, that damage could also be compensatory. Here are some common causes of property damage in personal injury cases:

• Negligence: Basic, simple negligence is a common cause of personal injuries and, thus, property damage. If your property is damaged through the careless actions of another person, you can pursue a damage claim to recover compensation. To prove this negligence, you will need to prove:
  • The defendant acted below an established standard of care.
  • The breach of that care caused injury to you or damage to your property.
  • You suffered damages because of that loss and are owed compensation.
• Trespassing: When an injury to you or damage to your property occurs as a result of trespassing onto your real property, the consequences for the defendant can be hefty. In order to prove that the defendant who deliberately damaged your property was trespassing, you will need to prove:
  • You owned the property that was trespassed upon.
  • The defendant intentionally entered your property without permission.
  • Your property was damaged as a result.
  • You are owed damages.

FAQs

Q: What Is Classified as Property Damage?

A: Property damage is any physical harm or destruction to one person’s property, either real or personal. Many different situations can result in property damage, from natural forces to intentional misconduct and negligence from others. If your property is damaged as a result of someone else’s behavior, you can file a claim for property damage and try to seek compensatory damages for the value of what you may have lost.

Q: What Is the Difference Between Personal Injury and Property Damage?

A: The main difference between personal injury and property damage is what was damaged as a result of the defendant’s actions. A personal injury case seeks to gain compensatory damages for injuries to your person, while a property damage case seeks to gain compensatory damages for injuries to your property. Sometimes, the two are intertwined in cases that result in both, such as car accident cases. A personal injury lawyer can help you seek damages for both.

Q: What Is the Property Damage Law in Colorado?

A: Colorado Revised Statute 33-15-109 declares that it is illegal for any person to damage real, personal, or state property that does not belong to them. Property damage is considered a Class 2 misdemeanor under this statute, and anyone convicted of the crime may be subject to up to 120 days in jail and a fine of up to $750. In addition, they may also be required to reimburse the property owner for damages and repair costs.

Q: How Long Do You Have to File a Property Damage Claim in Colorado?

A: The statute of limitations for a property damage claim in Colorado is two years. That means you will have two years from the date of the initial damage to begin pursuing a claim and seeking compensatory damages for your inconvenience. If you fail to file within that two-year window, your case may be thrown out, and your opportunity to seek compensation will have passed by. It is important to start building your case as early as possible.

Seek Out a Personal Injury Lawyer Today

Pursuing damages in a personal injury case can be frustrating, as there are many different types of damages you can try to recoup. Seeking compensation for property damage can be hard if you don’t have an experienced attorney by your side to offer you advice and help focus your case. The legal team at Cheney Galluzzi & Howard knows what kind of help you need and can provide you with guidance throughout the process. Reach out to speak with a team member and schedule a consultation today.