When your property is damaged due to an accident, natural disaster, or someone else’s negligence, the financial burden can be overwhelming. In a city like Orlando—where homes, vehicles, and commercial properties face risks ranging from hurricanes to traffic accidents—it’s important to understand your rights when it comes to recovering losses. Whether you’re dealing with roof damage after a storm or a totaled vehicle after a crash, filing a property damage claim can help you seek fair compensation. Working with an experienced Orlando property damage attorney can ensure that your claim is handled properly and that you don’t leave money on the table.
Let’s take a look at the various types of damages you may be entitled to when filing a property damage claim.
1. Repair or Replacement Costs
The most obvious and immediate type of damage you can claim is the cost of repairing or replacing the damaged property. For example, if a storm severely damages your roof, your claim can cover the expenses for either repairing the roof or replacing it entirely, depending on the extent of the damage.
The same applies to vehicle collisions or water damage in your home. Insurance companies typically assess the value of the damage and provide compensation based on repair estimates or replacement value.
2. Diminished Property Value
Even after repairs, your property may not be worth what it was before the damage occurred. This concept is known as "diminished value." For instance, a car that has been in a serious accident—even if fully repaired—usually has a lower resale value than a similar car with no history of damage.
This loss in value can be recovered in a property damage claim, although not all insurers will willingly pay for it without a strong push. Documentation and valuation from experts may be necessary to support your claim.
3. Loss of Use
When your property is damaged to the extent that you can't use it, you may be eligible to claim loss-of-use damages. This applies commonly in vehicle accidents—if your car is undrivable, you can seek compensation for rental car costs or alternative transportation.
In cases involving your home, you might need to stay in a hotel or temporary housing while repairs are underway. These living expenses can also be included in your claim.
4. Personal Property Damage
Property damage doesn’t only affect structures or vehicles—it can extend to personal items within the property. Electronics, clothing, furniture, and appliances can all be affected by fire, flooding, or other disasters.
In your claim, you should include a detailed list of all personal items that were lost or damaged, along with their estimated value. Photos, receipts, or inventory logs can help strengthen your case and improve your chances of full reimbursement.
5. Debris Removal and Cleanup Costs
Property damage often leaves behind more than just broken windows or water stains—it may result in debris, fallen trees, or hazardous materials that need to be cleared. These cleanup costs can be substantial and are usually covered under most property insurance policies.
Including these costs in your claim ensures that you're not stuck footing the bill for the aftermath cleanup on top of the actual property repairs.
6. Loss of Business Income
If the damaged property includes a business or commercial space, the financial implications can be even more severe. When operations are halted due to property damage, a business owner may suffer income loss.
A property damage claim can cover lost revenue, payroll, and other operational expenses you incur during the downtime. Business interruption coverage, if part of your insurance policy, can be used to recoup these losses.
7. Punitive Damages (In Limited Cases)
While rare, there are some situations where the court may award punitive damages in addition to compensatory damages. This usually happens when the property damage was caused by egregious behavior, gross negligence, or intentional harm.
Punitive damages are not available in all property damage claims, especially if the claim is handled solely through insurance. However, in civil lawsuits where intentional misconduct is proven, this additional compensation may be considered.
Final Thoughts
Filing a property damage claim is more than just seeking reimbursement—it's about restoring your life, home, or business to the condition it was in before the incident. The process can be complex, especially when insurance companies push back or downplay the extent of the damage.
That’s why consulting an experienced property damage attorney is a smart move. They can assess your case, handle the paperwork, negotiate with insurers, and ensure you receive all the compensation you’re entitled to. Knowing what you can claim is the first step toward getting your property and peace of mind back on track.