30

YEARS COMBINED EXPERIENCE

1846+

SATISFIED CLIENTS

500+

SUCCESSFUL LAWSUITS

FREE RESIDENTIAL PROPERTY DAMAGE LAWYERS
CASE EVALUATION

30

YEARS COMBINED EXPERIENCE

1846+

SATISFIED CLIENTS

500+

SUCCESSFUL LAWSUITS

 

TESTIMONIALS FOR RESIDENTIAL Property Damage LAWYERS

AWARDS AND RECOGNITION:

Celebrating Excellence in Personal Injury

At our personal injury law firm, we take immense pride in our dedication to providing exceptional legal representation to our clients. Our commitment to delivering outstanding results has not gone unnoticed. Over the years, our team of highly skilled and experienced personal injury lawyers has received numerous prestigious awards and recognition within the legal community.

Top 100 Settlements - Personal Injury 2023 Badge
Top 100 Settlements - Personal Injury (Texas) 2023 Badge
Number 1 Settlement - Residential Premise Liability (Collin County) 2023 Badge
Number 1 Settlement - Slip & Fall Accdients 2023 Badge
2025 Best Lawyer Award
NTL-Top-40-Flat-Badge
Attorney at Law - Law firm of the month award
Sean Chalaki Rising Star Award sticker
Best Lawyers Ones To Watch Award 2

3 EASY STEPS TO HIRE A RESIDENTIAL PROPERTY DAMAGE LAWYER

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Date of Incident:

Type of Case:

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COMMUNITY AND FIRM EVENTS

Here at Gosuits we understand that being a part of the community means more than just providing legal services. Whether we are participating in a community event or hosting a firm event, our goal is always the same: to build strong relationships with the people we serve and to make a positive impact in our community.

First-Party Residential Property Damage: What Every Homeowner Needs to Know

When disaster strikes your home, it can feel as though your entire life has been turned upside down. Whether it’s the aftermath of a fire, a destructive storm, or water damage, your home is more than just a building—it’s your safe haven. At a time when you’re at your most vulnerable, you count on your homeowners’ insurance to provide the protection you’ve paid for.

But what happens when your insurer makes the process difficult? When they deny your claim, underpay what’s needed to repair the damage, or delay payment altogether? Unfortunately, these challenges are all too common, leaving homeowners feeling frustrated and uncertain about their next steps.

First-party residential property damage claims are filed with your own insurance company for damages to your property caused by events like fires, windstorms, hail, or vandalism. Unlike third-party claims, where another party’s insurance is involved, first-party claims rely on the policy you hold with your insurer. This contractual relationship requires the insurer to uphold their obligations as outlined in the terms of your policy.

What Is Covered Under Homeowners Insurance?

While each policy is unique, there are common types of coverage that most policies provide. Understanding what is typically covered—and the limitations—can help you better prepare for unexpected situations.

Typical Coverage Areas

  1. Dwelling Coverage:
    This portion of your policy protects the structure of your home, including the walls, roof, foundation, and built-in systems like plumbing and electrical wiring. Covered events typically include fire, windstorms, hail, lightning, and certain types of water damage. For example, if a tree falls on your roof during a storm or a fire destroys part of your home, the repairs or rebuilding costs may be covered under this section.
  2. Other Structures:
    Many policies also cover detached structures on your property, such as garages, sheds, fences, or guesthouses, if they are damaged by a covered peril. For instance, if a windstorm destroys a detached garage, your policy may cover the repair or replacement costs.
  3. Personal Property Coverage:
    This includes protection for your belongings, such as furniture, electronics, appliances, clothing, and personal valuables. If these items are damaged or destroyed by a covered peril or stolen during a burglary, your policy may reimburse you for their value. However, coverage limits may apply to certain high-value items like jewelry, art, or collectibles, so additional riders may be necessary for full protection.
  4. Loss of Use or Additional Living Expenses (ALE):
    If your home becomes uninhabitable due to a covered event, this coverage helps with temporary living expenses. For example, if a wildfire forces you to relocate, your policy may pay for hotel stays, meals, and other reasonable costs until repairs are complete.
  5. Liability Protection:
    Although not directly tied to property damage, liability coverage is a key component of most homeowners’ policies. It protects you against lawsuits or claims if someone is injured on your property or if you accidentally cause damage to someone else’s property.

Common Challenges Homeowners Face

Filing a first-party residential property damage claim can be a complicated and stressful process. Many homeowners encounter challenges that delay or reduce their ability to recover compensation for repairs. These challenges often include:

  • Denial of Claims: Insurers may deny claims based on technicalities, such as alleged maintenance issues or exclusions in the policy. These denials often leave homeowners feeling frustrated and uncertain about their options, specifically when the damage appears to be clearly covered by their policy.
  • Underpayment of Claims: Even when claims are approved, the amount offered may fall far short of the actual cost to repair or rebuild. Insurers often rely on low repair estimates or argue that partial repairs are sufficient when full replacements are needed, placing homeowners in difficult financial positions.
  • Delays in Processing: Insurers may slow the process by requesting unnecessary documentation, failing to respond promptly, or delaying payments. These delays can leave homeowners waiting months to make critical repairs, all while dealing with the ongoing stress and disruption caused by the damage.

 

When faced with these challenges, having an attorney by your side can make a significant difference. While insurance companies have extensive resources and teams of adjusters working to minimize payouts, your attorney serves as your advocate, working to protect your rights and ensure you are treated fairly throughout the claims process.

Preventative Steps Homeowners Can Take

  1. Perform Regular Maintenance: Keeping your roof, plumbing, and other key systems in good condition can prevent damage that insurers may try to classify as neglect or wear and tear, which is often excluded from coverage.
  2. Maintain an Updated Home Inventory: Create a detailed list of your belongings, including receipts, serial numbers, and photographs. This documentation helps prove the value of your items in the event of theft, vandalism, or covered damage.
  3. Review Your Insurance Policy Regularly: Periodically reviewing your policy ensures you have adequate coverage, particularly after home improvements or acquiring valuable items. Consulting with an attorney can help identify gaps in coverage and clarify exclusions.
  4. Safeguard Key Documents: Store insurance policies, home inventories, and property photos in a secure, easily accessible location. Digital backups are particularly helpful to protect these records from being lost or damaged during emergencies.
  5. Seek Professional Guidance Before a Claim: Consulting an attorney about your policy or potential risks can help you prepare for unexpected property damage and strengthen your position if a claim becomes necessary.

Why Legal Representation Matters

Navigating a first-party residential property damage claim requires careful attention to detail and a strong understanding of insurance policies. This is where our firm comes in. We take pride in representing homeowners and advocating for their rights when they face challenges with their insurers.

At our firm, you’ll work directly with an attorney who will guide you through the claims process. Unlike larger firms that may assign your case to a case manager, we prioritize personalized attention and open communication. Our attorneys understand the complexities of these claims and are committed to helping you pursue the recovery you deserve.

We also use innovative strategies to manage claims efficiently and effectively. By combining legal proficiency with cutting-edge technology, we streamline the claims process and provide you with real-time updates on your case. This transparency ensures that you always know where your claim stands and what steps are being taken on your behalf.

In addition to providing legal guidance, our attorneys understand the importance of offering peace of mind during challenging times. Property damage can disrupt your life in significant ways, and having a trusted legal advocate can alleviate the stress of dealing with insurance disputes. Contact us to schedule a free consultation and explore how we may be able to assist with your claim.

Let us get to know you

Date of Incident:

Type of Case:

Were you injured?

Your case is within our Practice Area:

RESIDENTIAL PROPERTY DAMAGE LAWSUIT
STEPS AND PROCESS

1

Collect All Available Evidence


Every case rests on the backs of investigators who dig deep. We’ll investigate your accident and find evidence like police reports, hospital records, and witness statements. Our injury attorneys go deep into each potential avenue of inquiry, leaving no stone unturned in their exhaustive search for justice.

2

Write a Letter of Demand


A demand letter will be addressed to the offender and their insurance provider or legal counsel. The full financial burden is considered, including future medical expenditures, wage losses, and other expenses.

3

Negotiation


By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.

4

Begin Filing a Lawsuit for Injury


By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.

5

Discovery


Now that we have filed suit, we have the right to obtain information from the defendants that they were previously unwilling to release. By serving them with Requests for Admissions, Interrogatories, and Document Production, we can investigate the validity of their allegations.

6

Mediation


Once both parties have reviewed the facts of the case, a mediation session may be planned to see whether or not an amicable resolution may be reached. The defense will hear our position from a non-biased individual (Mediator), and we may continue bargaining with the insurance company over a reasonable payment.

7

Civil Trial for Injury


We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.

8

Settlement


A settlement has been reached if an agreement can be made before trial. In return for release of all personal injury claims, you should get a settlement that accounts for all your losses up to and including the date of your injury, fees, taxable cost, medical expenditures, lost wages, pain and suffering, etc.

9

Appeal


Suppose the jury decides against you. We will then file an appeal if we believe the defense or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.

MORE QUESTIONS?

RESPONSE TO SOME GENERAL QUESTIONS

Who will pay for my medical bills after an accident?

Who is Responsible for the Cost of Property Damage After a Car Accident?

Are There Any Hidden Attorney Fees That I Need To Be Aware of?

What does “No Recovery, No Fee” mean?

Who will pay for my medical bills after an accident?

Who Will Pay for My Car Accident Medical Bills

Determining who will be responsible for your car accident medical bills depends on several factors: the cause of the accident, your level of fault, and the insurance coverage held by the other driver. In such circumstances, seeking guidance and support from a personal injury lawyer, Dallas can prove invaluable.

Following a car accident and sustaining injuries, it is natural to wonder who will bear the burden of your medical expenses and treatment costs. While a car accident injury settlement or a trial verdict can provide financial relief, they may not offer immediate assistance in covering your medical treatment. The answer, in essence, relies on the accident’s nature, the relevant state laws, and the specific insurance policies involved.

General Rule – Ongoing Payment Responsibility Rests with the Injured Party

It is crucial to understand that, in most cases, if you are involved in an accident, you are responsible for paying your medical bills as they are incurred. The only exception occurs in “no fault” states, which will be discussed below. Even if the at-fault party is clearly responsible for your injuries, the law does not mandate them to cover your bills on an ongoing basis.

The law only requires them to provide damages to resolve your lawsuit, and in many instances, your medical claim is included in those damages. However, the defendant is not obligated to pay your medical invoice as they arise.

Car Accidents – “No Fault” States

In motor vehicle accident cases, the coverage of hospital bills depends on whether the accident occurred in a “no fault” state. In “no fault” insurance states, your automobile insurer will cover some or all of your hospital bills resulting from a car accident, regardless of fault. However, there is typically a limit to what your own automobile insurance company will pay, varying from state to state but generally around $10,000 or less.

Once your medical expenses exceed the state’s “no fault” limit, you become responsible for paying them. If you have health insurance, your provider will cover your bills. In the case of Medicare or a state-run health insurance program through Medicaid, these entities will handle the bills. If you lack health insurance, Medicare, or Medicaid, you will need to arrange payment agreements directly with your healthcare providers.

Motor Vehicle Accidents – Non-“No Fault” States (Dallas, TX)

If you are involved in a serious accident in a state without “no fault” insurance, you will generally be responsible for paying your expenses until you claim compensation from the at-fault party. However, some drivers in these states have medical payment or Personal Injury Protection (PIP) insurance coverage, commonly known as “med pay” and “PIP” coverage.

This coverage will pay for the fair compensation of drivers or passengers involved in a car accident with the insured party, up to the “med pay” policy limits, which are typically less than $10,000. Once your bills exceed these policy limits, you will be responsible for payment.

Medpay and PIP funds can be utilized initially to cover health insurance deductibles, co-pays, and lost wages until you recover from the at-fault party. If you lack such coverage, in most cases, you will need to find healthcare providers willing to treat you upfront and defer their bills until you receive compensation from the insurance company.

Premises Liability: Slip or Trip and Fall Accidents

In premises liability or slip and fall cases, the responsibility for payment of medical bills typically falls on the injured person, unless the premises owner’s property insurance policy includes “med pay” coverage.

Dallas personal injury attorneys with experience in handling personal injury claims related to premises liability understand that “med pay” coverage can be beneficial. If the premises owner has this type of insurance coverage, the injured person’s medical bills will be paid by the insurance carriers, up to the limits specified in the “med pay” policy. However, once the “med pay” limits are exhausted, the injured person becomes responsible for paying the remaining bills.

Boating Accidents

Boating insurance policies seldom include “med pay” coverage. Consequently, personal injury victims involved in boating accidents will likely be responsible for covering their own expenses. It is crucial for individuals who suffer injuries caused by boating accidents to consult the right lawyer in Dallas to understand their legal options and seek rightful compensation for their injuries.

Work-Related Accidents

In the unfortunate event of a work-related accident due to gross negligence, personal injury victims may find relief if their company carries workers’ compensation insurance. In such personal injury cases, the workers’ compensation insurer will cover all the medical bills incurred by the injured party. It is important to note that these victims involved in work-related accidents are not required to contribute any money towards their expenses, including bills or deductibles.

Moreover, our Fort Worth, Dallas personal injury lawyers who handle personal injury cases are well-versed in the laws pertaining to workers’ compensation and can ensure that victims receive proper reimbursement for transportation expenses related to medical appointments. However, if a company does not have workers’ compensation insurance, pursuing damages under Texas non-subscriber laws becomes necessary.

Reimbursement for Medical Bills Paid by Insurers

If health insurers, Medicare, or the state agency administering Medicaid benefits have paid for your medical bills in relation to the accident, they are entitled to reimbursement for the amount they disbursed to your healthcare providers. Skilled Dallas personal injury attorneys can help navigate the complexities of dealing with insurers and ensure fair reimbursement processes.

Worst-Case Scenario

In the worst-case scenario where an accident occurs, insurance coverage is unavailable, and it is determined that there is no personal injury case due to factors such as personal fault or insufficient evidence, the injured party becomes solely responsible for all medical expenses. These victims facing this situation have limited options and should seek legal counsel to explore any possible alternatives.

Who is Responsible for the Cost of Property Damage After a Car Accident?

Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?

In Dallas, Texas, the responsibility for covering the cost of property damage resulting from a car accident lies within specific legal parameters. As a car owner, you have the right to choose the body shop for repairing your vehicle. However, determining who will foot the bill for your property damage depends on the urgency of your vehicle’s repair and whether the at-fault party has accepted liability.
In Dallas, as in most places, the responsibility for the cost of property damage after a car accident typically falls on the at-fault driver’s insurance company. Texas follows a fault-based system, meaning that the driver who caused the accident is generally responsible for covering the damages.

If you were not at fault in the accident, you can file a claim with the at-fault driver’s insurance company to seek compensation for your property damage. Their insurance should cover the cost of repairing or replacing your damaged property, such as your vehicle or any other damaged property involved in the accident.

It’s important to gather evidence and documentation of the accident, including photographs, police reports, witness statements, and any other relevant information that can support your claim. You should notify your insurance company about the accident as well, even if you are not at fault, to ensure they are aware of the situation.

If the at-fault driver does not have insurance or is underinsured, you may need to rely on your own insurance coverage, such as uninsured/underinsured motorist coverage, to help cover the property damage costs.

Are There Any Hidden Attorney Fees That I Need To Be Aware of?

Are There Any Hidden Attorney Fees That I Need To Be Aware of?

When you engage the services of our Dallas personal injury law firm, we ensure complete transparency regarding our fee structure. There are no hidden charges or surprise fees that catch you off guard. We take the time to explain the details of our contingency fee agreement, outlining all the fees and expenses involved.

In fact, paragraphs 1 and 2 of our agreement provide a comprehensive breakdown, and we require your initials next to each item to confirm your understanding. Our aim is to establish trust with our clients, providing them with peace of mind and alleviating any concerns. Our goal is not to profit at your expense but rather to obtain the best possible results for your injuries and damages.

Are My Medical Bills And Attorney Fees Combined?

It’s important to note that your medical bills and attorney fees are separate entities. While our law firm fees are based on the “No Fee, No Recovery” concept, your medical bills remain your responsibility. For instance, if you received a bill from the emergency room following your accident, it is your obligation to settle that bill as it does not fall within our purview to waive it.
However, when you enter into a contract with an experienced personal injury lawyer in Dallas, such as ourselves, you grant us permission to reimburse the medical providers from the eventual settlement or judgment you receive. This arrangement ensures that your expenses are appropriately handled while allowing us to pursue the compensation you rightfully deserve for your harm or serious injury.

Who Covers the Expenses of Managing My Case?

The good news is that, as experienced personal injury attorneys in Dallas, TX, we have provisions in our contingency contract that allow us to bear the expenses associated with your case. Our law firm agreement enables us to cover the necessary costs throughout the process, and once we secure a settlement on your behalf, we will deduct those expenses from the settlement amount.

It’s important to understand the typical expenses involved in a personal injury case, as they can be significant. For instance, the police department charges a fee for providing copies of the police report, collision videos, and the police call log. Medical providers charge per page to produce your medical records. Filing a lawsuit incurs fees imposed by the court.

What sets our law firm apart is our commitment to leveraging digital resources to streamline these requests and save you money at every turn. For example, our Dallas personal injury attorney makes digital requests for your medical records and bills, opting for a flat fee instead of a per-page charge.
Our communication is predominantly conducted through email and client portals, providing you with convenient and cost-effective access to our Dallas personal injury lawyers. This approach allows us to operate as a faster and more affordable law firm, dedicated to serving your needs.

What does “No Recovery, No Fee” mean?

What does “No Recovery, No Fee” mean?

“No Recovery, No Fee” or “No Attorney Fee if No Recovery” means that you will not be responsible for your attorney fees if we lose your case, or do not settle your case with the responsible party or their insurance company. We will charge you a percentage of the settlement instead of the typical retainer and hourly fees that attorneys charge.

Therefore, if we lose your case any percentage X $0.00 = $0.00 and you owe us nothing for attorney fees. This agreement allows you as a victim of a car accident to receive the proper medical attention that you need without worrying about the outrageous legal fees piling up. Also, this will give you the opportunity to handle your property damage much faster and get back to your daily lives.

In the other Sections, we explain that although there are no attorney fees if there is no recovery, your medical bills and expenses are still due and the medical providers will want payment irrelevant of the results. In addition, we explain in some rarer circumstances that if we lose you may be responsible for attorney fees and taxable court costs of the defendant if the judge exercises discretion and grants them.

What is a first-party residential property damage claim?

A first-party residential property damage claim is a request you file with your own insurance company after your home sustains damage from a covered event. This could include damage caused by fires, severe storms, hail, wind, vandalism, or water damage from sudden incidents like a burst pipe. Unlike third-party claims—where another party’s negligence or actions are responsible for the damage—first-party claims rely on your own insurance policy. These claims require your insurance company to fulfill its obligations as outlined in the policy contract. However, disputes often arise over what the policy covers, how much the insurance company is willing to pay, or whether exclusions apply. Understanding the terms of your policy is essential, and working with a legal team ensures that your rights under that contract are protected.

Insurance companies deny or underpay claims for a variety of reasons, many of which revolve around minimizing their financial liability. For instance, they might argue that the damage was caused by something excluded in your policy, such as wear and tear or poor maintenance, rather than a covered peril like a storm. They may also interpret policy language narrowly to justify denying coverage or limit payment amounts.

Underpayments can occur when insurance companies use low estimates for repair costs, often relying on their own adjusters or preferred contractors who may undervalue the true scope of the damage. Insurers might also claim that only partial repairs are necessary when full replacements are warranted. This is why it’s critical to involve a knowledgeable legal team to evaluate your case so that your claim is properly documented and to advocate for fair compensation.

A denied claim doesn’t necessarily mean your case is over. Denials can be based on incomplete documentation, misinterpretation of policy terms, or outright bad faith practices by the insurer. If your claim is denied, the first step is to consult with an attorney who can review the denial letter, analyze your insurance policy, and investigate the insurer’s reasoning.

Your attorney can help gather additional evidence, such as independent damage assessments or repair estimates, to challenge the denial. They can also identify whether the insurer acted in bad faith, such as by misrepresenting the policy or failing to conduct a thorough investigation. With legal representation, you can dispute the denial through negotiation or litigation, ensuring your rights are upheld and your claim is fairly evaluated.

The time it takes to resolve a property damage claim depends on several factors, including the complexity of the damage, the responsiveness of the insurance company, and whether the claim requires legal intervention. Some straightforward claims can be processed relatively quickly, while others involving disputes, denials, or underpayments may take months to resolve.

When legal representation is involved, attorneys work to move the process along by addressing delays, providing documentation, and negotiating directly with the insurer. If litigation becomes necessary, the timeline may extend further, but this step is often critical to securing a fair outcome. While each case is unique, having a legal team handling your claim ensures that unnecessary delays are addressed and that your case progresses as efficiently as possible.

Bad faith refers to an insurance company’s failure to act honestly and fairly toward its policyholders. This could involve delaying payment without a valid reason, misrepresenting the terms of a policy, denying a claim without proper investigation, or offering unreasonably low settlement amounts. Bad faith practices are particularly damaging because they undermine the trust policyholders place in their insurance companies.

For example, if your insurer denies coverage based on vague or questionable interpretations of your policy, they may be acting in bad faith. Similarly, if they fail to respond to your communications or intentionally prolong the claims process, this could also constitute bad faith. Legal representation is essential in these situations to hold the insurance company accountable and recover the compensation you’re entitled to under your policy.

No, you don’t have to pay upfront for legal representation when working with our firm. We operate on a contingency fee basis, which means that we only get paid if we secure compensation for you. This allows you to pursue your claim without the financial burden of upfront legal fees, particularly during a time when you may already be dealing with unexpected expenses related to property damage.

This fee structure also demonstrates our commitment to your case. By tying our payment to the outcome of your claim, we align our interests with yours and focus on achieving the best possible resolution. If your claim is successful, our fees will come out of the compensation awarded to you, but if the claim doesn’t result in recovery, you won’t owe us for our time or legal expenses. This arrangement allows you to access high-quality legal representation without taking on additional financial risk. Schedule a free consultation today so we may discuss your case in detail.

GET TO KNOW OUR RESIDENTIAL PROPERTY DAMAGE LAWYERS

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Sean Profile

SEAN CHALAKI

  • Texas Super Lawyers: Rising Star 2016 2023 2024
  • Law Firm of the Month by Attorney at Law Magazine 2016
  • Top 40 under 40 Trial Attorney by The National Trial Lawyers (2015, 2016, 2022)
  • Board Member Texas Trial Lawyers Association
  • Dallas Trial Lawyers Association
  • Danielle Hall, Individually Anf Amh-s V. Witron Integrated Logistics, Inc. Et
  • Best Lawyers Ones to Watch 2022
  • Best Lawyers 2024
Yasamin Profile

YASAMIN MOUSSAVI

  • Principal / Texas and New York Litigation Attorney
  • Licensed Attorney with State Bar of Texas
  • Licensed Attorney with State Bar of New York
  • Licensed Attorney in Federal and District Court
  • South Australian Bar Association
Hashemi Profile

SHAWN HASHEMI

  • Principal / Litigation Attorney
  • State Bar of Texas
    U.S. Federal District Court for Northern District of Texas
  • U.S. Federal District Court for Eastern District of Texas
  • U.S. Federal District Court for Southern District of Texas
  • U.S. Federal District Court for Western District of Texas
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