Hurricane Harvey Flood Claims: Know Your Rights

Hurricane Harvey flood rescue team with boat wading through knee-high water on flooded highway

Hurricane Harvey is one of the largest disasters in American history. Damage to the City of Houston and surrounding counties (Angleton, Chambers, Fort Bend, Galveston, Harris, Liberty, and Montgomery) will measure in the billions. Without urgent assistance, communities and businesses in those communities will be harmed for years—if not permanently.

Because of this urgency, it is paramount that we begin the process of rebuilding our communities immediately. Unfortunately, the past tells us that the help from insurance companies and disbursement of governmental assistance is slow. Time is not on your side. Thus, action should be taken to decrease the delay between the harm and the recovery process.

In order to take action, you need to better understand your rights as an individual affected by Hurricane Harvey. In the information below, we have provided links to internal firm memos concerning the filing of flood insurance claims, as well as potential inverse condemnation claims that may arise as a result of damage to your property. We will continue to update this page to provide you with reliable information concerning your potential claim.

Inverse Condemnation

Claims from Hurricane Harvey will not be limited to insurance claims.  In this matter, there is also an actionable claim for inverse condemnation. This claim originates from the “takings clause” in the Texas Constitution and the U.S. Constitution. The “takings clause” essentially says that the government cannot act to harm or destroy property without adequate compensation. Typically, this is seen with roads, highways and public / governmental access projects.

However, there are circumstances whereby the government effectively takes property by taking some action to damage or destroy the property. This is such a case. The government knowingly took action to release dammed and controlled waters that ultimately flooded many homes and business not previously damaged by Hurricane Harvey or caused furthermore substantial damage to homes and businesses. This qualifies as a taking, or more precisely, an inverse taking. Because there has been some information provided to the public by lawyers seeking to bring these types of claims for potential clients that seem to outline information that is not completely correct and leaves out pertinent information, The Pinkerton Law Firm, PLLC provides herein a detailed summary of inverse condemnation claims; click here to view the document.

Flood Insurance Claims

An understanding of the law regarding hurricane disaster cases is paramount. Most of the cases in this litigation will be related to flood damage that may fall under your National Flood Insurance Program. This is not the same as wind and debris damage. Flood damage cases have typically been more difficult to prosecute for many reasons. Understanding the complex intricacies of mass tort flood is fundamentally important. Because we at The Pinkerton Law Firm, PLLC believe that clients should be provided an understanding of the law that will need to be navigated by experienced lawyers, here is a detailed summary of insurance flood claims.

Why You Should Hire The Pinkerton Law Firm

That is what The Pinkerton Law Firm, PLLC has successfully accomplished for its clients in the past. We are experienced lawyers in Hurricane Disaster Response. We are also experienced lawyers in mass torts, as this case will likely result. In the past, we have represented to successful resolution over 9,000 mass tort claims. We currently represent over 22,000 mass tort claimants in other actions throughout the United States.

Mass tort litigation takes organization, effective internal procedures and processes, damage analysis databases, and intense firm-to-client interaction. We have the experience, time-tested processes and manpower to meet the needs of our clients. Many lawyers and law firms with limited to no experience be looking to obtain these cases in the hope that they can figure how to handle them. They will likely fail, and this failure will only serve to further harm our communities. That is not an option. Those affected by this storm need to be represented by lawyers that have handled these actions in the past and done so at a high level repeatedly.

This is a personal project for The Pinkerton Law Firm, PLLC. Chad Pinkerton, founder of the firm, is a dedicated member of his community. He is a proud Houstonian and Texan who physically volunteered to assist victims in this disaster and to assist groups who came from all over the country to help after Hurricane Harvey. “Talk is cheap. For days, I personally helped people whose lives were destroyed in a matter of hours. I helped with clean-up, making food and supply runs, and prayed for those in need like never before. I have close friends who lost everything. I personally knew two people that lost their lives. It’s personal. But, now it’s time to do what I do best—advocate for victims in a legal context.”

The Pinkerton Law Firm is now accepting Hurricane Harvey Flood Cases. Please contact The Pinkerton Law Firm at 713-360-6722, or fill out an online submission and you will be contacted by an attorney who will provide a free initial consultation to evaluate your claim.

Additional Help Provided by The Pinkerton Law Firm

Finally, potential claimants need to know that there is public funding available to assist Hurricane Harvey victims from private donors (J.J. Watt Go Fund Me), incorporated charities (Red Cross) and the federal government (FEMA). History demonstrates clearly, however, that accessing those funds is a nightmare for victims. The Pinkerton Law Firm, PLLC is experienced in getting your particular loss before the correct agency or charitable organization in the most efficient manner to effectuate a shorter wait period from the disaster to the rebuilding of lives.

“Houston and South Texas is an amazing place live. We got hit hard by Harvey. Down but not out, we will rebuild. It will get better. Never underestimate the heart of Texas and the men and women who make this State so incredibly great. We have seen that pride and resiliency in response to one of the single greatest natural disasters in American history. God Bless Texas and God Bless the United States of America.” — Chad Pinkerton

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