Legal Question in Civil Litigation in California

Re: Damaged to Septic/Driveway caused by Water Co. leak

The problem you have is not economical for you to hire an attorney about. Therefore you need to do the best you can on your own or be resigned to paying an attorney what won't make sense because you will not be made whole.

If you represent yourself, you need to be vigilant that you are truthfull in all that you say because you won't have an attorney checking to be sure what is claimed is fully supportable.

If you hire an attorney the attorney should have experience in general civil litigation.

I don't know where you are but you can expect to pay at least $200-$400 per hour. If an attorney had to take a matter such as yours through trial, the fees could easily run $15,000.00 to $20,000.00 plus costs.

I suggest that you get an estimate to replace the whole driveway. The cost may not be much more than the cost to repair. Even if the water company or their insurance did not want to pay the whole cost to replace, you may want to do that for appearance sake. Whether you get that money back is not certain.

Re: Damaged to Septic/Driveway caused by Water Co. leak

My recommendation is that you file a claim within required time limitations. Tort claim act claims must be filed before lawsuits. Typically, if they do not accept claim within stated time, possibly 45 days, it is deemed denied and you can sue. It is likely the water company is tied to some municipality. If they do not accept and pay claim, then you will need to sue. $5000.00 limit in small claims. An attorney will probably charge by the hour to do this, so if you can get $5,000.00 in small claims and total damage is $7500. you may be still ahead. I would be happy to discuss this with you however, without charge. Call if you wish.