A Michigan tree injury lawyer can help if you were hit by a falling tree or branch.
The injuries suffered in these accidents are often serious. They require significant medical treatment and leave the victim with permanent disabilities and disfigurements.
Many times, a person hit by a falling tree can sue a property owner and receive compensation in the form of a settlement payout.
If you were injured from being struck by a falling tree or branch, you need an experienced Michigan personal injury lawyer on your side. Contact The Buckfire Law Firm today to start your case.
- Common Reasons for Falling Tree Injuries
- What To Do After Being Hit by a Falling Tree or Branch
- Can I Sue for a Michigan Falling Tree or Branch Injury?
- Theories of Liability in Michigan Falling Tree Injury Lawsuits
- Common Injuries from Tree & Branch Accidents
Common Reasons for Falling Tree Injuries
There are many reasons that a tree or branch may fall and injure someone. These include:
- Root problems, like root rot, shallow roots, and unestablished root systems
- Severe weather, such as strong winds or ice gathered on branches.
- Rotted and poorly maintained trees.
- Sick and damaged trees
- Negligence in tree trimming and tree cutting by professionals and homeowners.
There are many instances when a person hit by a fallen tree or falling tree branch can sue for a settlement against the property owner, maintenance company, contractor, or homeowner.
What To Do After Being Hit by a Falling Tree or Branch
There are several things you should do after being hit by a fallen tree or branch.
First and most important, seek proper and urgent medical attention. Serious injuries require emergency medical care, and this is a top priority.
Second, if possible, take photographs and video of the tree and surrounding area. These will be helpful in proving your case and will document the injury scene the way it looked at the time. Otherwise, it is unlikely the condition will be preserved as it will be cleaned up and cleared away after your incident.
Third, make an incident report to the property owner or person responsible for tree maintenance.
Fourth, find out if the tree owner or property owner has liability or homeowner’s insurance coverage.
If you were injured while helping a family member or friend trim a tree or cut branches, it is likely that their homeowner’s insurance company will pay your medical bills and a personal injury settlement.
Can I Sue for a Michigan Falling Tree or Branch Injury?
You may be able to sue after an injury caused by a falling tree or tree branch. The initial factors to determine if you can sue for recoverable damages, includes:
- Who was the property owner where the falling tree injury occurred.
- Whether the tree was located on public or private property.
- Who was the person or company responsible for tree maintenance.
- Whether or not the injured person was acting carelessly.
- If the fallen tree accident preventable with proper care.
- If the injury was caused by negligence of another person cutting down the tree or trimming the branches.
- Whether the property owner has insurance to pay a settlement and medical bills.
Our experienced falling tree injury attorneys will fully evaluate the case to determine if you have the legal right to sue for compensation.
If your case meets the legal requirements, we will sue all negligent individuals and businesses to get you the maximum possible compensation for your case.
Theories of Liability in Michigan Falling Tree Injury Lawsuits
There are several theories of legal liability used to hold someone accountable for a falling tree injury or death. In general, the cases are pursued on two different types of negligence.
The first legal theory is based on premises liability laws. This theory holds a property owner accountable for an injury that occurs on the premises for failing to properly maintain the property for other people.
In Michigan, all property owners have a duty to maintain their premises in a reasonably safe condition. The owner must take necessary actions to make the property safe for business visitors and social guests to protect them from injuries that are foreseeable or likely to happen on the property.
The property owner must inspect the property for dangerous conditions, repair those conditions, and warn visitors of potential dangers that the owner knew or should have known with reasonable inspection.
The second legal theory is based on the principles of negligence. This theory requires all people to act with ordinary care, which means to act as a careful person would do under the same or similar circumstances.
For example, a person trimming a tree branch must be careful that another person assisting or in close distance to the tree will not be hit or struck by the branch. Or failing to remove a known rotted tree from a property before a storm hits and knocks it over is negligence.
Common Injuries from Tree & Branch Accidents
Trees and their branches are very large and heavy. When they fall to the ground, the force is significant and catastrophic injuries are often the result. Common injuries include:
- Traumatic brain injuries and concussions
- Spinal cord injuries, including quadriplegia and paralysis
- Nerve damage
- Broken and fractured bones
- Shoulder injuries
Many of these injuries required hospitalization and often emergency surgeries. Treatment can also include lengthy periods of physical therapy, pain injections, and chiropractic care.
Can I Sue For a Tree Cutting Accident?
Tree cutting accidents cause serious injuries and even death. You can sue for a tree cutting accident if you are hurt because a contractor or maintenance person was negligent in cutting the trees or branches.
Every person cutting trees or trimming branches must use proper safety equipment and make sure that the fallen tree parts are not a threat to cause harm to any person on the property.
In addition, many tree accidents are caused by chainsaws and tree trimmers. Every person using these tools needs proper training on their safe handling to prevent injuries to themselves and others.
Also, many injuries occur when people fall from trees because they were not properly secured to the tree with required safety devices.
Other injuries are caused when a person falls off a ladder while trimming the branches on the tree. These falls usually result in very serious injuries.
How Much are Michigan Tree Injury Settlements?
The settlement amount in a tree injury lawsuit depends on the specific facts of each case. Compensation includes payment for your physical pain and suffering, mental anguish, psychological harm, and scars and disfigurements.
Our award-winning lawyers can also help you recover damages for your medical expenses and loss of income and wages.
For fatal accident cases, the surviving family members can file a Michigan wrongful death lawsuit. These cases demand compensation for the pain and suffering of the loved one prior to death and for the loss of companionship of the surviving family members.
The family members can also claim the loss of financial support resulting from the death in the past, present, and future.
There is no settlement calculator to determine the amount of your settlement and the result rests significantly on the experience and skill of your attorney.
Settlements also often depend on the availability of liability insurance and the policy limits that apply to your personal injury claim.
Example of Michigan Tree Injury Settlement
The Buckfire Law Firm settled a case for a client who was struck by a falling tree while helping a friend at his house. The friend was using a saw and the tree fell and landed on our client. He suffered a serious back injury that required surgery and placement of hardware. The tree owner’s homeowner’s insurance paid our client a $300,000 settlement, which was the full amount of the insurance policy limits.
Contact a Michigan Tree Accident Lawyer Today
If you or someone you care about was hit by a falling tree or tree branch, you need the best possible legal representation.
Contact the experienced attorneys at Buckfire Law today. We will start working on your case immediately and work hard to win you the maximum possible settlement.
We charge no fees unless you get a settlement. It costs no money to start your case.
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