Texas Termite Damage Lawyer

Expert Texas Termite Damage Attorney

Discovering termite damage in your home is extremely frustrating. You may be forced to take on the cost of structural repairs and professional treatments, while feeling unsure about your options as far as financial compensation. If you are still dealing with termite issues after a termite treatment and repair service, it means the company failed to properly apply the treatment.  A Texas termite damage lawyer can help you get compensation for your damages.

Denied termite damage claims are common. Insurance companies frequently try to minimize payouts, such as by claiming the damage was caused by moisture or a lack of proper maintenance, arguing that it was a preventable or gradual issue, or creating unnecessary delays during the investigation and claims processes. If your claim has been denied, you should speak with a lawyer about your legal options, rather than accepting the denial automatically.

Work With a Skilled Texas Termite Damage Lawyer

Campbell Law, P.C. is a team of experienced termite damage lawyers founded in 2000. Our firm is led by Thomas F. Campbell, who earned the nickname “Termite Tom” after years of successful pest control claims against termite treatment and repair companies.

An Overview of Termite Damage in Texas

Termite damage is incredibly destructive, often requiring homeowners to undergo significant repairs to correct structural damage while also preventing further damage. Each year, termites cause about $6.8 billion in property damage and affect over 600,000 American homes.

It is often difficult to identify termites until after damage has occurred. Taking action as soon as you notice signs of termite damage can help you reduce the chance of your claim being denied due to poor maintenance. However, only 36% of homeowners are aware of the common signs of termite infestations. Common signs include:

• Hollow wood
• Sagging or buckling floors
• Swollen floors or ceilings
• Mud tubes around your foundation, in crawlspaces, or near pipes
• Shedded termite wings
• Damage to door or window frames

Many Texans turn to companies such as Terminix and Orkin to address termite problems. However, legal issues can arise when these companies fail to properly address the issue, leaving you with worsened damage or recurring termite issues. In this situation, it is important to hire a termite damage lawyer, such as Termite Tom, to help you recover rightful compensation.

Reasons You May File a Claim in a Termite Damage Case

It can be difficult to know when you have the ability to recover compensation for termite-related expenses. Grounds for a termite damage claim vary depending on your specific case, your homeowners’ insurance policy, what services you have received from professional termite treatment and repair companies, and your bond with these companies.

Many homeowners assume that termite damage is never covered by insurance. However, you may be able to file a claim through your homeowner’s insurance if:

• Termite damage is not excluded from your policy
• Your insurer did not properly investigate or handle your claim
• A covered event, such as a burst pipe or storm damage, contributed to structural damage
• A covered event revealed previously hidden termite damage

There are also many situations in which you may file a claim against a termite treatment and repair company or their insurance. This may be done if you hired a company to eradicate termites and fix damage, but their service did not fix the issue due to negligence. For example, if the termite treatment and repair service:

• Only fixed surface-level issues without addressing issues such as more serious structural damage or preventing more termites from entering your home
• Failed to properly apply a treatment
• Claimed termite damage was damage from another pest, such as carpenter ants, and thus used the incorrect treatment, or left you still suffering from a termite infestation
• Claims that they are not responsible for the damage resulting from their negligent repairs

How Termite Treatment and Repair Companies and Insurance Companies Handle Termite Damage Claims

When you claim termite damage, the next step is an investigation. The termite treatment and repair service or their insurance company typically reviews the policy or any bonds, and investigates the damage you are facing. They may gather and analyze evidence such as:

• Photos and videos of the damage
• Maintenance and repair records
• Prior inspection reports
• Quotes from the termite treatment and repair service
• Bonds with the termite treatment and repair service

A thorough investigation should always happen. Companies should not deny claims simply based on assumptions or incomplete evidence.

When you report termite damage, you deserve to be taken seriously and receive aid to help keep your home safe and structurally sound. Unfortunately, many companies attempt to deflect accountability and avoid payouts. A Texas termite lawyer can identify when companies use unfair or illegal tactics to avoid responsibility for your damages.

Common Reasons Termite Damage Claims Are Denied

Many Texas homeowners are surprised or disheartened when they receive notice of a denial after significant termite damage. However, a denial does not necessarily mean that the insurer or termite treatment and repair service adhered to Texas’s termite damage laws.

Common reasons why termite damage claims are denied include:

• Alleged moisture concerns. Moisture, whether due to poor drainage, leaks, soil contact, or other sources, can create an environment that attracts termites and makes damage more likely. Companies may claim that they are not liable for termite damage if moisture issues or other conducive conditions were present.
• Claims of long-term or gradual damage. Companies may attempt to avoid liability by claiming that termite damage happened gradually over months or years and is thus not a covered event.
• Arguing that there was inadequate maintenance. Claiming that damage occurred because of a homeowner’s failure to properly maintain their property is a common reason for denial. Examples of maintenance could include inspections, preventative treatment or repairs, or watching out for signs of damage.
• Claiming that you failed to provide proper notice. A claim may be denied if the insurer claims that they were not notified of the damage in a reasonable timeframe, which makes it more difficult to determine the source of the damage and when the damage occurred. Similarly, termite treatment and repair companies may also require prompt notice of damage.
• A reliance on boilerplate denial language. Many denial letters use standardized language that uses broad policy exclusions, without actually explaining the specific reasons your claim is denied. Vague references to issues or exclusions are commonly used rather than taking the time to investigate a case deeply.

Understanding Your Options After a Termite Damage Claim Has Been Denied

Even if insurance companies do not respect that you suffered from termite damage covered by your policy, or a termite treatment and repair service does not take accountability for their damage or negligence, it does not mean that you are out of options. A claim denial can be stressful, but working with a Texas termite damage lawyer can help you understand what to do next.

Pursuing litigation against a termite treatment and repair service, or against an insurance company, is often how these cases progress. Litigation allows you to bring evidence into court and can lead to compensation for your damages. However, depending on your circumstances, you may have several options available, including:

• Requesting a more detailed explanation for the denial
• Reviewing your policy language for exceptions
• Submitting additional evidence
• Requesting another inspection
• Filing an appeal

The right strategy for filing a claim or appealing a decision depends on the facts of your case, the party you are filing a claim against, the reason for the denial, and the available evidence. Because so many factors impact your next steps, it is important to hire a termite damage lawyer who can offer guidance specific to your case.

How to Build a Strong Termite Damage Case After a Denial

Because your claim has already been denied with the original evidence you used, it becomes even more difficult to prove your case when pursuing litigation or appealing the denial. You must gather substantial evidence to prove how the termite damage occurred, the extent of the damage, and why the termite treatment company is responsible for your damages.

Building a strong case can be difficult, especially when you aren’t sure of the true reason for a denial. Working with a Texas termite damage lawyer can help you gather evidence and build arguments to strengthen your case, helping you achieve the recovery you need when your home has been damaged by termites.

Some additional pieces of evidence or documents you may incorporate into your claim include:

• Your insurance policy
• The Insurance company’s denial letter
• Inspection reports
• Termite treatment records
• Photos and videos of the damage
• Repair estimates
• Maintenance and repair logs
• Records of communication with the termite treatment and repair company
• Records of communication with insurance adjusters or claims representatives

A lawyer can also coordinate with professionals who can offer valuable evidence and testimony, such as inspectors, contractors, or termite treatment specialists. They can also investigate the details of a bond or insurance policy to fully understand how your claim fits within these agreements.

If you have termite damage or an active infestation after a termite treatment and repair service, do not try to treat it yourself. Doing so can accidentally damage key evidence against the termite company.

Damages You Can Recover in a Termite Damage Case

Pursuing a termite damage claim can bring compensation to help you cover the expenses involved in repairing your home, as well as compensation for the negative experience. The type and amount of compensation vary depending on your case, but often include:

• Home repair costs. By filing a claim, you can pursue compensation for the cost of repairing or replacing damaged parts of your home. In a termite damage case, this often involves foundation repairs, additional termite treatment and repair services, removal of damaged wood and other materials, or even partial reconstruction.
• Temporary housing expenses. If termite damage has made your home unsafe or uninhabitable due to ongoing repairs, compensation can be increased to include the cost of hotel stays or short-term rentals.
• Inspection costs. Professional evaluations and reports can be vital to building a strong claim. However, it is an additional cost to you. Compensation can cover expenses such as termite inspections, contractor assessments, or engineering evaluations.
• Mental anguish. Discovering termite damage is not easy, especially when you are then placed in unsafe living conditions, are under significant financial stress, or are navigating disputes over your claim. Homeowners can often recover damages for the mental anguish that unfair denials or improper termite treatment caused.
• Punitive damages. Punitive damages are often available in cases involving extreme negligence. For example, if a termite treatment and repair company showed an extreme lack of care and thoroughness during a service, or if the insurance company knowingly misrepresented policy terms. At Campbell Law, P.C., we often pursue punitive damages to hold negligent companies accountable for their misconduct.

Why You Should Hire a Termite Damage Lawyer

Realizing your home has termite damage can be shocking. Many homeowners face anxiety about what to do and the cost of this damage, especially when they have previously received termite treatment or repair. A Texas termite damage lawyer can help you understand your rights when it comes to filing a claim and navigating denied claims.

When it comes to representing you in negotiations or in court, a lawyer can present evidence from the investigation, handle communications with the company, negotiate a fair settlement, or advocate for your damages. Ultimately, their guidance increases the likelihood of a fair recovery.

Reach Out to a Skilled Texas Termite Damage Attorney Today

If your termite damage claim was denied, you do not have to navigate the process alone. At Campbell Law, P.C., Termite Tom and his team of experienced staff are ready to help you protect your home and recover damages. We understand the tactics used by termite treatment and repair companies and insurers to deny claims, and we are prepared to advocate for your interests every step of the way. Contact us to set up a consultation.

Contact Termite Tom today.