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Can You Still Get Compensation for Damage to Your Property During Hurricane Harvey?

February 6, 2018

Hurricane Harvey was responsible for an incredible amount of damage across the greater Houston area, and has tied with Hurricane Katrina as the costliest natural disaster in U.S. history. Hurricane Harvey released more than 40-inches of rain over a four-day period and caused unprecedented flooding, affecting hundreds of thousands of homes, displacing more than 30,000 people, and necessitating more than 17,000 rescues.

Many of those who were affected by the high winds and severe flooding are still picking up the pieces and struggling with the aftermath left in Hurricane Harvey’s wake. Thousands of people have yet to file claims for damages incurred during Hurricane Harvey and have been left wondering whether or not they can still get compensation for property damage.

Depending on the type of damage suffered by your home, you may need to file more than one type of claim in order to maximize your compensation.

If you have a windstorm policy with the Texas Windstorm Insurance Association, then you have one year from the date of damage to file a windstorm claim.

If you have flood insurance, you will be relieved to know that the deadline for filing a flood claim has been extended to one year. Be sure to visit the National Flood Insurance Program (NFIP) for information about how to file a claim.

While homeowners’ policies don’t generally cover flood damage, they can still assist with other damages suffered by your home during Hurricane Harvey. For instance, a homeowner policy may cover roof damage from a tree falling during the storm, water damage from rain entering your home due to a damaged roof, expenses related to hotels, food, and more if you were forced to evacuate, damage to fences caused by high winds, among a number of other situations. It is important to check with your homeowners’ insurance policy for details as the deadlines for filing vary from policy to policy.

Thousands who suffered damage during Hurricane Harvey have uninsured losses, although there may be other means of receiving compensation in those instances, including disaster grants or an area of law known as “inverse condemnation.”

Inverse condemnation refers to an instance where the government takes or damages privately owned property without any formal process of condemnation. In the case of Hurricane Harvey, this is most applicable to homes damaged when the Addicks and Baker Dams were released in order preserve the integrity of the dams, while unfortunately causing even more flooding to those in their path.

Inverse condemnation does not mean that the government acted illegally or negligently, just that the government took action for the greater public good (preserving the dams’ integrity), which in turn caused damage to private property. In these instances, the government is required to compensate homeowners fairly for the resultant damage.

As you can see, there are still a variety of means to receive compensation for damages incurred during Hurricane Harvey, including inverse condemnation. The law firm of Fears Nachawati is dedicated to helping the residents of Houston, Texas receive the compensation they deserve following the devastating storm of Hurricane Harvey. Our team of Houston inverse condemnation lawyers are here to help you take action and get your life back on track. Contact the offices of Fears Nachawati today for a free, no-obligation legal consultation about your situation and what recourses might be available to you.

Please call (866) 705-7584 or visit the offices of Fears Nachawati located throughout the great state of Texas, including in Houston at 3730 Kirby Drive.


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