Personal Injury: Did Someone Damage Your Private Property?

Posted on: 18 May 2023

If someone in your neighborhood trespassed on your property and damaged multiple items on it, you may wonder if you can legally do something about it. You may be able to file a trespass to chattels claim against the perpetrator. A trespass to chattels claim falls under tort law, or personal injury law. Along with the information below and a personal injury attorney's help, you may be able to obtain compensation for your loss of property soon.

What Does Trespass to Chattels Mean?

Tort law, or personal injury law, is designed to help individuals seek and obtain compensation for any injuries or damages they or their property may receive at the hands of someone else. Trespass to chattels is one type of tort law an individual may claim in personal injury court after someone causes damage to or destroys their property. The person who causes damage to or destroys the property typically trespassed, or entered, the individual's property without their permission or knowledge. 

Trespass to chattels can be tricky to claim without a personal injury attorney's assistance. Unless you possess video footage of the incident, you must be able to prove the trespassing individual is the person responsible for your property's damage before you can file a claim against them. The person may deny they intended to harm your property, or they may deny they trespassed on your property in the first place. 

An attorney can use their investigative skills to obtain proof for your claim. The proof may include obtaining eyewitness accounts from your neighbors or anyone else who may have witnessed the trespass. If someone did witness the individual trespassed on your property and damaged items on it, a lawyer may obtain video and/or written affidavits from them. 

An attorney may also use the trespassing person's past criminal history to assist with your claim. The person may have a history of trespassing and damaging the property of others. If a personal injury attorney discovers criminal information about the trespasser, they'll pursue compensation for you.

How Do You File a Trespass to Chattels Claim?

A lawyer will file a tort law claim on your behalf. To do so, a lawyer will obtain the proper paperwork from court and help you complete it. An attorney will also submit the evidence they obtained during their investigation along with the claim.

It may take time for your trespass to chattels claim to complete. You can keep track of an attorney's progress by consulting them as needed.

Learn more about trespass to chattels by contacting a personal injury attorney today. For more information, contact a personal injury lawyer near you.

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