Damage to Real Property in West Virginia

In West Virginia, most personal injury claims are filed in connection with bodily injury that occurrs as a result of negligence. Many others involve damage to personal property including cars, boats, and other personal belongings that may have been lost in the aftermath of the accident. What many individuals do not typically think of is the need to hire a personal injury lawyer when another individual causes damage to real property. If you or your loved ones have been injured in an accident or incident related to real property, you still will benefit from a lawyer assisting you to an award of the maximum amount of compensation for your damages. An attorney at Colombo Law may be able to assist you in filing a claim.

Understanding Real Property

Real property consists of any objects on land which become fixed to the property in such a way that it is no longer considered separate and apart from the land. Real property usually is made up of structures that are immovable such as sheds, houses, buildings, and fences. It can also include the land itself, along with wells and ponds. Lawsuits involving damage to real property are similar to other types of lawsuits because they often involve a claim for some type of monetary damages as a result to one’s ownership interest in the property.

Car Accidents and Real Property

While real property is often the subject of litigation for a variety of reasons, one common cause of lawsuits involving real property is car accidents. There have been several instances in which individuals run off the road because of negligence. These instance include driving under the influence of drugs or alcohol, falling asleep behind the wheel, texting and driving, or losing control of the vehicle from driving at excessive speeds. Unfortunately, owning real property that is close to a roadway can have devastating consequences when even a minor mishap occurs. All over the United States, there have been many encounters in which a vehicle has left the roadway and crashed through a fence or home, causing major damages.

Other Considerations in Real Property Claims

In West Virginia, there is a two-year statute of limitations for filing a suit against responsible individuals who cause damage to your property. This time period begins to run at the earlier of either the date the incident occurred or the date the damages could have reasonably been discovered. This rule applies regardless of how the incident occurred. If you are considering filing a claim, it is also beneficial to speak with an attorney about your claim as soon as possible to preserve evidence and build your claim before evidence is lost.

Contact Us Today

If you have been injured in an accident or incident but are unsure of whether you have a personal injury claim, contact Colombo Law today for a risk-free initial consultation to get you or your loved one the assistance you deserve.


by Colombo Law
Last updated on - Originally published on