What’s the Difference Between a Property Damage Claim and a Personal Injury Claim?

As we discussed in last week’s blog, civil lawsuits are used to resolve legal disputes between multiple parties. When one party feels that they are owed compensation by another, they can launch a civil claim.

There are many different types of civil claims, including claims involving contract disputes, reputation damages, property damages, and personal injuries. Will Davidson LLP is one of a small handful of Ontario law firms to handle both personal injury and property loss or property damage claims. Our wider team also represents insurance companies in insurance defence cases.

So, what are the differences between personal injury and property damage claims?

When to Contact a Property Damage Lawyer

In property loss or property damage claims, the plaintiff seeks compensation for the loss of, or damage, to their personal property. Property in this context can refer to a wide variety of things, including land, buildings, boats and vehicles, and various other valuables including electronics, artwork, clothing, jewelry, etc.

There are countless ways that property damage or property loss can occur, including housefires, plumbing system defects or malfunctions, heating system defects or malfunctions, chemical events, construction mishaps, oil spills, defective products, and motor vehicle collisions, to name a few. As such, the defendant in a property damage lawsuit can be anyone from an individual reckless driver to a product manufacturer to a utility provider.

Most commonly, though, property damage and property loss claims are filed against insurance providers. There are two primary reasons why a plaintiff might file a lawsuit against an insurer: they were denied compensation outright, or the compensation they received was insufficient.

Insurance providers deny property loss claims for numerous reasons. Perhaps they believe you were at fault for the damages incurred, or perhaps the extent of damage was deemed insufficient to warrant a payout. Similarly, an insurer’s assessment of the scope of the damages in a given case might differ from the plaintiff’s assessment. In either scenario, a property damage lawyer may be able to help the plaintiff access fair and reasonable compensation for the damages they have incurred. 

When to Contact a Personal Injury Lawyer

Personal injury claims deal with damages to a person’s mind, body, or emotions, rather than their property. So, if plaintiff A was involved in a car accident that resulted in damages to her vehicle alone, she might contact a property damage lawyer if her insurance provider failed to provide adequate compensation to cover the value of her loss. And if plaintiff B was involved in a car accident that resulted in a serious physical injury such as a brain injury, she would contact a personal injury lawyer to ensure that she received adequate accident benefits and perhaps to pursue additional compensation from an at-fault party.

If you’ve been recently injured in a car accident, slip and fall accident, or any other time of accident in Ontario, now’s the time to contact an experienced personal injury lawyer.

When to Contact Will Davidson LLP

At Will Davidson LLP, we believe that we are Ontario’s best choice for plaintiffs in property loss and fire loss lawsuits. Not only do we have more than 50 years of experience in every manner of property loss and property damage claim, but we also have a track record of success in complex cases. In the past, we have successfully represented clients in oil spill cases, defective product cases, and other complicated lawsuits.

A big part of our success has been our extensive expert referral network. We work with scientists, engineers, and other experts to carefully assign a fair and accurate financial value to your loss, which is essential to securing reasonable compensation.

Another competitive advantage is that we also represent insurance providers in insurance defence cases. This gives us a unique perspective that few Ontario law firms can match. We pride ourselves on understanding both sides of every fire loss and property loss claim and we will leverage this understanding to help you achieve a positive result as efficiently as possible.

If you or a member of your family is seeking legal advice relating to property loss or property damage, contact Will Davidson LLP today to schedule a free, no-obligation consultation with an experienced property damage lawyer. We will happily listen to your story and explain your legal options.

Image: Shutterstock


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