Falling Tree Injury Lawyer
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Though rare, falling trees can lead to severe injuries, leaving victims dealing with pain, emotional distress, and financial challenges. When these incidents occur, understanding your legal rights is essential. Whether the accident resulted from natural forces or human negligence, Bergeron Clifford is here to provide guidance and support to protect your rights after an injury.
Tree-related injuries may occur due to a combination of natural events and human actions. Severe storms, heavy winds, and lightning strikes are common natural causes that can weaken trees, while diseases or infestations may cause unnoticed instability. Human factors, such as property owners neglecting to maintain trees, improper pruning, or construction damage, often increase the risk. Contractors who fail to handle trees properly may also bear responsibility.
Understanding these causes is crucial for determining who may be liable for the resulting harm.
Types of Injuries from Falling Trees
Falling trees can cause devastating physical and psychological injuries. Victims may suffer:
Some injuries could also lead to long-term disability. These injuries may require extensive medical treatment, therapy, and ongoing care, adding to the overall toll on the victim.
Liability and Negligence
Liability in tree-related accidents often hinges on the responsible party’s duty to maintain safe conditions.
Property owners have an obligation to inspect and address hazards posed by trees on their land. Failure to act when there are visible signs of decay or instability may constitute negligence. In cases involving trees on public property, municipalities can also be held liable, but claims often require compliance with specific procedural rules. Additionally, contractors or service providers who handle trees improperly may share responsibility for accidents.
Legal Process for Filing a Claim
Taking the right steps after a tree-related injury is essential to protecting your legal rights.
- First, seek immediate medical attention to address injuries and document their severity.
- Gathering evidence, such as photographs of the fallen tree, witness accounts, and property records, strengthens your case.
- Retaining a personal injury lawyer early in the process ensures proper guidance in navigating legal requirements, especially when dealing with municipalities or uncooperative parties.
Compensation for Tree-Related Injuries
Victims of tree-related accidents may be entitled to various forms of compensation based on the circumstances.
Recoverable damages can include medical expenses, lost wages, and diminished earning capacity due to the long-term effects of the injury. Compensation for pain and suffering acknowledges the physical and emotional hardships endured. If property damage occurred alongside personal injury, these losses could also be included in a claim.
How Bergeron Clifford Can Help
At Bergeron Clifford, our team has experience handling tree-related or other injury claims. We approach each case with compassion and a commitment to securing positive outcomes for our clients. Our lawyers understand the nuances of Ontario’s legal system and work diligently to hold negligent parties accountable.
Contact Us
If you or a loved one has been injured by a falling tree, contact Bergeron Clifford for a free consultation. Our offices are located across Ontario, including Kingston, Ottawa, and Perth. Call us today to discuss your options and take the first step toward justice.
Frequently Asked Questions
Your first priority should always be your health. Seek medical attention to assess and treat your injuries, even if they seem minor at first. After addressing your immediate medical needs, gather evidence if possible. Take photos of the tree, your injuries, and the surrounding area. Collect contact information from witnesses who saw the accident occur. Finally, consult our team as soon as possible to protect your legal rights.
Liability depends on where the tree was located and who was responsible for its maintenance. Property owners, municipalities, or even contractors could be held accountable if their negligence contributed to the incident. For example, a property owner may be liable for ignoring visible signs of a dangerous tree, while a municipality could be responsible if the tree was on public land and left in a hazardous state.
Proving negligence requires demonstrating that the responsible party failed to take reasonable care to prevent the accident. Evidence such as maintenance records, expert assessments of the tree’s condition, and eyewitness accounts can support your claim. When our team is in your corner, our lawyers will also investigate whether prior complaints or warnings about the tree were ignored.
Punitive damages include pain and suffering, which may also be available to compensate you for the physical and emotional distress caused by the injury.
Depending on your case, you may claim medical expenses for treatment and rehabilitation, lost wages for time missed from work, and damages for loss of future earning capacity if your injuries are long-term. Compensation for pain and suffering is also common, reflecting the physical and emotional toll of your experience. If the falling tree caused property damage, these costs can be included as well.
In Ontario, the standard limitation period for filing a personal injury claim is two years from the date of the injury. However, claims involving municipalities may have much shorter notice periods—sometimes as little as 10 days. Acting quickly ensures you don’t miss crucial deadlines and lose the opportunity to seek compensation.
Yes, it is possible to file a claim if the tree was on public land. However, it’s worth noting these cases can be more complex. Municipalities and government bodies have specific rules and timelines for filing claims. Contacting Bergeron Clifford means our lawyers can help you navigate these requirements to ensure your case is properly handled.
If the tree fell because of a natural disaster, such as a severe storm, liability may depend on whether the responsible party took reasonable steps to mitigate the risk. For example, property owners may still be liable if they ignored obvious signs of decay or instability prior to the disaster.
A personal injury lawyer can evaluate your case, identify liable parties, and help you gather evidence to build a strong claim. At Bergeron Clifford, we are seasoned at negotiating with insurers and will represent you in court if necessary. With our expertise, you have the best chance of securing fair compensation for your injuries and other losses.
The time it takes to resolve a claim depends on factors such as the complexity of the case, the extent of your injuries, and whether a settlement can be reached. While some claims may resolve in a few months, others may take years if litigation is required. Our team prepares every case for trial and ensures your case progresses efficiently.
