Dealing with a major termite problem is a headache as a homeowner — but it could also be grounds for a lawsuit if a termite company or home seller wronged you. In Mobile, Alabama, you could seek financial damages in certain situations.
One of the most frequently asked questions during termite litigation is “Can we recover more than just the value of the home?” The answer is yes, depending on the facts of your case. In many cases, claimants in Mobile can recover financial compensation for both economic and noneconomic damages.
What noneconomic damages can arise in a termite lawsuit?
As you may know from personal experience, dealing with unexpected termite damage or an unresolved infestation can cause a great deal of stress. You and your family may suffer emotional distress, mental anguish or psychological trauma because of events that transpire at your home, on top of out-of-pocket expenses to repair your property. This could lead to recovering more than just the value of the house.
The state of Alabama does not cap, or limit, the amount of mental anguish damages a plaintiff can recover in a lawsuit for damages to your home. It is up to the jury or arbitrator to determine the reasonable value of your mental anguish.
What is the total value of your claim?
Each termite claim is unique. Factors that may affect how much your termite-related claim in Alabama is worth include the value of your property, the extent and severity of the termite damage, the cost of retreatment, the price of repairs, your experiences as a plaintiff and the actions of the defendant. It could also depend on the degree of bad conduct on the part of the Termite company over the course of their dealings with you and others.
A consultation with a lawyer can give you a more accurate representation of the potential value of your particular case. For example, in cases involving a defendant’s gross negligence, recklessness or intent to harm, punitive damages serve to punish the defendant for reprehensible conduct. Depending on the circumstances, these may apply to your claim.
