Legal Question in Personal Injury in Massachusetts

I have a house in Swampscott, Ma. My neighbor is building a garage. We have a shared driveway that had to be ripped up in the process, I agreed to this. The driveway is to be repaved as part of the project. The garage is mostly finished but the driveway is still ripped up. We received heavy rains while the driveway bare earth. As a result about five inches of water accumulated in my basement. My water heater is damaged and several hundred dollars of stuff was damaged including two computers.
The basement commonly would show wet spots in a rain storm, the house is 120 years old. Never has there been water in the basement approaching this level in the last five years. It was bad timing to rip the driveway out before a heavy rain storm and I don't feel that anything intentional was done to cause me harm. However, my financial situation is such that I can't afford these repairs or losses.
I've spoken to my neighbor about it, who was dismissive saying in effect it's not there fault that water leaks into my basement. He's asked that any further conversation be done through email, so clearly he's not inclined to cover my loss. There is no doubt in my mind that these damages would have occurred if the driveway were not ripped up and normal run off of rain water prevented.
So, do I get a lawyer and threaten a lawsuit? Against the neighbor, construction company, both?

Asked on 3/27/10, 7:23 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Your neighbor could be correct. How would you prove that it was your neighbor's actions that caused the damage?

Answered on 4/03/10, 2:38 pm

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