Hail Claim Lawsuit Damages

If your insurance company won’t pay you enough to settle your homeowners hail damage claim, you might have to file a lawsuit. This is often called a “bad faith” claim. Bad faith insurance claims can result in various types hail claim lawsuit damages for plaintiffs. These damages can vary from claim to claim, depending on factors like (but not limited to) the nature of:

  • The original claim filed with the insurance company
  • The act(s) of bad faith committed by the insurer
  • The losses the policyholder suffered due to the bad faith practice(s).

Hail Claim Lawsuit Damages: Compensatory Damages 

Compensatory damages refer to the awards granted to cover the losses suffered as a result of:

  • A covered disaster or event (i.e., the “actual” damages to the covered property).
  • The acts of bad faith.

For property damage claims – like windstorm or hail damage claims, compensatory damages can include (and may not be limited to) awards to cover the costs of:

  • Contractor estimates
  • Construction labor and material costs
  • Relocation costs (for property owners)
  • Future repairs (when related to the original damage)
  • Lost wages.

In addition to these economic damages, Texas laws allow recovery for attorney fees. This means that an insurance company acted in bad faith, they are legally responsible to pay for:

  • The repairs necessary to restore the property damage (caused by the covered event)
  • The contractor’s fees, including overhead expenses
  • Reasonable and necessary attorney’s fees (related to resolving the bad faith claim).

Hail Claim Lawsuit Damages: Punitive Damages 

Punitive damages can also be available for some bad faith claims practices in Texas. Also referred to as exemplary damages, punitive damages are meant to punish an insurance company for the bad faith conduct (rather than repay the insured for the losses (s)he sustained).

Though rare, punitive damages can:

  • Be awarded when an especially malicious, fraudulent, negligent or criminal act is associated with a particular claim or when an insurance company has a history of acting in bad faith
  • Significantly increase the value of a claim
  • Serve as powerful leverage for getting insurance companies to fairly settle claims – If an insurer knows there’s a possibility of punitive damages being awarded by a jury, it can be far more willing to settle pretrial (to try to avoid paying out higher jury awards that could include punitive damages).

It’s important to understand that Texas law does place a cap on the available punitive damages. Specifically, Texas law dictates that:

Exemplary damages awarded against a defendant may not exceed an amount equal to the greater of:

  1. Two times the amount of economic damages plus an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or
  2. $200,000.

An attorney can explain how this cap may apply to your potential claim and what you need to do position your bad faith insurance claim for success.

If you need an attorney to help fight for you, please contact us today.

43 thoughts on “Hail Claim Lawsuit Damages”

  1. Having read this I believed it was extremely enlightening. I appreciate you spending some time and effort to put this informative article together. I once again find myself spending a lot of time both reading and commenting. But so what, it was still worth it.

  2. Hello there! This blog post couldn’t be written much better! Reading through this post reminds me of my previous roommate! He continually kept talking about this. I am going to forward this information to him. Fairly certain he’ll have a great read. Many thanks for sharing!

  3. I was extremely pleased to find this website. I wanted to thank you for your time just for this wonderful read!! I definitely enjoyed every little bit of it and I have you bookmarked to see new stuff in your site.

  4. Hi there! This article could not be written any better! Looking at this article reminds me of my previous roommate! He continually kept preaching about this. I’ll forward this information to him. Pretty sure he will have a very good read. Thanks for sharing!

  5. This is a topic that is close to my heart… Best wishes! Exactly where can I find the contact details for questions?

  6. What’s up, alll iss goinbg njcely here annd ofcourse every one
    iss shaaring data, that’s truly good, keeep up writing.

  7. I doo not evern knoow tthe wayy I finished uup rikght
    here, howevedr I bellieved this post ued tto be great.

    I do nott know who you arre but certainly you’re going to
    a well-known bloyger sould you aren’t already.
    Cheers!

  8. Spot on with this write-up, I absolutely think this web site needs much more attention. I’ll probably be returning to see more, thanks for the info!

  9. Hi there! I simply want to offer you a big thumbs up for the great info you have here on this post. I am coming back to your web site for more soon.

  10. I seriously love your blog.. Pleasant colors & theme. Did you create this web site yourself? Please reply back as I’m planning to create my own blog and want to know where you got this from or exactly what the theme is called. Cheers.

  11. Howdy! This article couldn’t be written much better! Looking through this article reminds me of my previous roommate! He continually kept preaching about this. I am going to send this article to him. Fairly certain he’ll have a great read. Thanks for sharing!

  12. Everything is very open with a precise explanation of the challenges. It was definitely informative. Your site is extremely helpful. Many thanks for sharing!

  13. Hello there, I do believe your site could be having browser compatibility problems. Whenever I look at your blog in Safari, it looks fine but when opening in IE, it’s got some overlapping issues. I simply wanted to provide you with a quick heads up! Other than that, great website!

  14. Good blog you have got here.. It’s hard to find excellent writing like yours these days. I honestly appreciate people like you! Take care!!

  15. Good post. I learn something totally new and challenging on websites I stumbleupon every day. It’s always interesting to read articles from other writers and use something from other web sites.

  16. You’re so awesome! I do not suppose I’ve read anything like this before. So nice to find someone with some unique thoughts on this subject. Seriously.. many thanks for starting this up. This site is something that is needed on the internet, someone with a little originality.

  17. I want to to thank you for this excellent read!! I absolutely enjoyed every bit of it. I’ve got you bookmarked to look at new things you post…

Leave a Reply

Your email address will not be published. Required fields are marked *