How can we get compensated for property damage?

UPDATED: Sep 30, 2022

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How can we get compensated for property damage?

We had a flood in our brand new home
over 2 months ago. It was determined
that it was the fault of the plumbing
subcontractor. A claim was filed with
their insurance. We have not received
reimbursement for damage to personal
property or utility bills from the time
we could not occupy the residence. We
also are seeking reimbursement for our
mortgage payment as we were not able to
live in the residence. We would like to
know if hiring a lawyer can help us get
compensated for this.

Thank you.

Asked on February 3, 2017 under Real Estate Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If, as you write, the flood and damage was the fault of the plumber, they should be liable, or financially responsible, for the costs resulting therefrom. If they or their insurer will not voluntarily accept responsibility and provide compensation, your recourse would be to sue the plumber (you sue the plumber, not their insurer) for the damage and costs; if you can prove in court their fault, you can get a court judgment requiring them to pay. A lawyer will certainly improve your chance of winning; if the amount at stake exceeds the small claims limit, then it would be worthwhile to retain an attorney to help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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