Should you file a lawsuit for permanent or temporary property damage?


When filing a lawsuit for property damages, it’s important to know the difference between permanent damage and temporary damage as defined by Florida law. This month, the 3rd District Court of Appeals awarded judgement in favor of the defendant in a civil case regarding property damages because the plaintiff neglected to prove the value of repairs for temporary damages, arguing only for an amount equal to the total loss of the property.

A Circuit Court jury found that while the defendant may in fact be liable for damages resulting from water intrusion, the damages did not constitute a complete loss of the property. In the opinion of the jury, the damages could be repaired and therefore the property owner was only entitled to the value of repairs and restoration.

The court granted a motion for new trial. The defendant appealed the court’s decision to the 3rd District Court of Appeals, and the previous judgement was reversed and judgement was entered in favor of the defendant.

If you’ve experienced a financial loss due to property damages, it is important to speak with an experienced attorney who can first determine whether the damages are permanent or temporary in the eyes of the court. The team at Canan Law will assist you in the vital steps which must be taken immediately following the discovery of damages and make sure you receive the full compensation owed to you by the party at fault.

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