It’s a story that only seems likely to happen on TV. A garbage truck lost control on an icy curve and careened into an Ohio family’s home at 45 mph. After crashing through the outer wall and almost going through a second interior wall, the truck came to a stop in the kitchen. The impact lifted the entire house off of its foundation, rendering the home a total loss. Although two members of the Rodríguez* family were home at the time, thankfully neither of them were injured.
This truck accident seemed as though it would have an easy resolution. An insurance claim against the waste disposal company should pay to restore the property damage, and that would be that. But that isn’t the way it played out, which is why the Rodríguez family needed a civil litigation attorney, and decided to give us a call.
The obstacle
When the Rodríguezes got ready to rebuild their home, the county in which they lived threw up an obstacle. County codes had changed since the house had originally been built, making it impossible to rebuild on the same plot of land. They would have to rebuild their home somewhere else.
The insurance company didn’t want to be responsible for purchasing a new land plot that would meet building code. The argument was that the negligent party was only responsible for replacing what it had damaged: the house. In effect, the insurance company was only willing to pay for a house that was impossible to build.
Not just a house
A house isn’t merely the brick and mortar it’s made of—it is a foundation for memories. It’s nearly impossible to place a dollar amount on objects that hold sentimental value. When a home is destroyed, there are things that cannot easily be replaced. The Rodríguezes had suffered irrecoverable losses, and we wanted to make sure that they weren’t stuck with a financial burden to boot.
We argued on the Rodríguez family’s behalf that they didn’t want any more than what they were entitled to: a similar house with similar furnishings on a similar piece of property. They wanted a similar home, with all the associations that involves. They wanted to recreate the life they had lived in their old house—an important consideration, given that their son, a senior in high school, had grown up in that house.
Property damage and counting the losses
The insurance company was not willing to pay enough to cover the cost of a new lot or replacing family collectible items. We crafted an argument that clearly laid out all the things the Rodríguez family had lost in the accident. In addition to the physical losses, the Rodríguezes suffered serious emotional stress as a result of the accident and being displaced from their home. When we presented their losses in that light, the request for greater compensation seemed much more practical.
The extra mile and a happy ending
The process of making things right for the Rodríguez family took a long time—from the time of the accident through the initial insurance claim to the final settlement, over a year and a half had passed. A year and a half is a long time to be without a home to call your own.
During that period, we developed a legal argument that ensured the family would be made whole again. But we also had another job during that time: making sure the family understood every step of the process, listening to their concerns and addressing them, and often just providing a sympathetic ear when it seemed like the process would drag on forever. When we came out of the judge’s chambers with a positive result that would allow them to finally build a new home, the relief on their faces was easy to see.
The Rodríguez family lives in their new home today. Not only has their property damage been made right, they’ve been able to restore many of their precious personal possessions that remind them of life in their old home. And they still own the property on which their old house stood. It’s a link to their past and maybe a promise for their future.
The Rodríguez case came to a positive result through a combination of commitment and creativity. If you need that kind of assistance, give us a call—we’re here to help.
*Names in this article have been changed to protect our client’s privacy.
The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.
