Can I Sue if a Neighbor’s Tree Fell on my House?

Falling trees are responsible for significant property damage and bodily harm, especially during storms and other severe weather events. But trees can also fall down from lack of maintenance or failure to properly care for the tree. Lack of pruning, i.e., removing dead braches, can cause the top of the tree to become too heavy, therefore causing it to eventually collapse. Overwatering a tree may cause root rot or result in the roots slipping, which is another reason a tree can fall over.

A tree falling on your own property may be covered by your home insurance policy, but what if you are someone that was harmed by someone else’s tree? Over the years, we have had a good number of accident victims contact us to ask, “I was injured when a neighbor’s tree fell on my house; can I file a claim against his home owner’s policy?”

Those who have been injured in by someone else’s negligence can seek compensation to cover a variety of monetary losses, including cost of medical bills, missing wages, and pain and suffering. We can help educate you on your rights and help you pursue the best course of action for injuries caused by a fallen tree, so please contact us to schedule a free consultation.

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Can I Sue my Neighbor if His Tree Fell on my Property?

The short answer to this question is “yes,” and this is based on the law of premises liability. This concept refers to the liability, or legal responsibility that a property owner has for accidents on their property. Alternatively, a property owner can be held responsible if conditions on their premises cause damage to another property or bodily harm to someone on the property.

In order to sue your neighbor for their tree falling on your house, you will need to prove that negligence by the homeowner is the reason or a contributing factor for why the tree fell down. For example, let’s say that your neighbor’s tree fell down during a tropical storm and smashed through the roof of your house. Additionally, you were hurt from debris falling through your ceiling due to the tree hitting your roof.

The key is to figure out if there were any problems with the tree that the owner knew about or should have known about. Was the tree starting to tilt over, or the branches on top were getting too long and heavy? Were there signs that the tree was dying that others pointed out to the owner, but they chose to ignore it?

We can help you answer these questions by conducting a full investigation into the circumstances of your accident. If it turns out that your neighbor is not liable, meaning he took reasonable care to prevent injuries to you and/or damage to your home, your homeowner’s insurance should have coverage for up to a certain amount of compensation. Please note that if you have a comprehensive auto insurance policy, you most likely have coverage for situations like a tree from a neighbor’s yard falling onto your house.

Our legal team can go over these and other legal actions that are available to you, so contact Normandie Law Firm and schedule a free case review.

Average Value of a Fallen Tree Damage Accident Claim

Claims for a neighbor’s tree causing damage can have values ranging from a few thousand dollars to over $1,000,000. Values on the lower end of the spectrum normally involve property damage only, like relatively minor damage to your yard and house. If you or anyone in your household sustained injuries, there will be a significant jump in the amount you can receive. Settlements often exceed $100,000 based on the level of harm and suffering, with cases of multiple, severe injuries resulting in payments of $1,500,000 and above.

Ultimately, how much you are entitled to in damages from a negligent property owner is an issue we will need to explore with you in private. Contact us today and talk to a tree collapse injury attorney.

How Long will It Take to Get Paid from a Lawsuit?

Provided that the harm you suffered is relatively minor, a fallen tree insurance claim against your neighbor may be settled within a few months. However, most people who are injured from a tree falling on their house end up with serious health conditions and permanent complications. Under these circumstances, a claim for injuries caused by a falling tree can take anywhere from 1 to 3 years to settle. There are numerous factors that can affect how long it takes to settle a personal injury claim, which you can learn more about during a free consultation with one of our attorneys.

What is the Deadline to Sue my Neighbor for a Tree Falling on my House?

A claim for bodily harm or damage to your property must be filed within 2 years in the state of California. In the event you fail to meet the deadline of 2 years, your right to sue will be invalidated unless there are extreme circumstances that the courts are willing to consider. Overall, it’s rare for the court system to approve an extension for a personal injury claim, so please don’t wait to contact our office, where a fallen tree accident lawyer can help you file a claim against the property owner.

Help from a Personal Injury Lawyer

We know all too well the stress that accident victims are under, especially when it comes to their finances. That’s why it would never occur to us to ask you for payment in exchange for quality representation from an experienced attorney. From the moment you contact us, you will be protected by the Zero Fee Guarantee, meaning you pay $0 out of pocket for the cost of legal services. Our expenses are paid by the property owner as a part of the compensation you receive at the end of your case. And if we fail to recover your settlement, you won’t be responsible for a single penny in legal fees.

To learn more about your rights and the legal options, contact our law firm as soon as possible.