If there is even the slightest chance that the tree fell because of your neighbor’s negligence, things can get tricky.
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Say that you were hurt by a dead branch that was knocked down during a storm. Who’s to blame: the storm, or your neighbor?
Did your neighbor know that the branch was dead, but didn’t bother to remove it? If so, they were negligent and are legally liable for your injuries.
If they were negligent, you could file a claim to recover any damages (medical bills, lost wages, pain and suffering) for your injuries.* But you must prove that they had prior knowledge of the tree’s condition. For instance:
Had you told them before that the tree was leaning towards your property? Had a previous inspection revealed the tree was diseased and needed pruning? Did the municipal utility companies previously ask for the tree’s removal?
*The only exception to this is if you were injured on a wooded plot of your neighbor’s land. It’s unreasonable to expect them to monitor all the trees in a heavily wooded area. If you were injured on your neighbor’s property, a premises liability attorney can help determine if you have a case.
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Gathering this type of evidence can be difficult when you’ve been injured. A personal injury lawyer can not only help determine if your neighbor was negligent, but can also act as the go-between for you and the insurance companies. That way, all you need to focus on is your recovery.
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If you’ve been injured by a fallen tree or branch, Hensley Legal Group may be able to help. Give us a call or contact us online for a free conversation about your personal injury claim.
Chuyên mục: Đề Thi