Wrongful Death Caused by a Falling Tree
People are seriously injured or killed by falling trees far more frequently than you might believe. In fact, the United States now has more trees than it did 100 years ago. Every year, over 100 people are killed or injured when trees fall on them or their vehicles. Many more are seriously injured. Tree accidents can sometimes result in legal action. If you or a family member has been injured by a falling tree, you may be wondering if you can seek compensation from the property owner.
What Exactly Is Wrongful Death?
Wrongful death is a legal term that refers to a death caused by the negligence, recklessness, or intentional actions of another person or entity. If a tree falls on someone else's property and the property owner knew or should have known that the tree was dangerous, they may be held liable for any injuries or deaths that occur.
Who Is entitled to submit a Wrongful Death Claim?
Family members of the deceased person, for example, spouses, kids, and parents can file a wrongful death claim. As the specific rules may differ from state to state, you need to consult with an experienced attorney.
What Can You Recover in a Wrongful Death Claim?
If you file a wrongful death claim, you may be able to recover the following damages:
- Medical expenses incurred before the death
- Funeral and burial expenses
- Loss of income and support from the deceased
- Loss of companionship and consortium
- Pain and suffering of the deceased person before their death
How Can You Prove Liability in a Wrongful Death Claim?
If you want to prove liability in a wrongful death claim, you need to show:
- The person or entity you are suing had a duty to exercise reasonable care in preventing the tree from falling
- They breached that duty by failing to take appropriate action, such as removing or trimming the tree
- The breach of duty was the direct cause of the death of your loved one
- You have suffered damages as a result of the death
What if the Property Owner Claims the Tree Fell Due to Natural Causes?
If the property owner claims the tree fell due to natural causes, the situation may become more complicated. It is critical to gather evidence and determine whether the tree was healthy or if there were signs of decay or disease. It is also critical to determine whether the owner was aware of any potential hazards posed by the tree. If there is evidence that the owner failed to address a known problem with the tree, they may be held responsible for any damage. Finally, it is critical to consult with a legal professional and collect as much evidence as possible in order to determine liability in the situation.
What Should You Do If You Are Thinking About Filing a Wrongful Death Claim?
If you are considering taking legal action following the death of a loved one, you should first consult with a qualified attorney who has handled wrongful death claims. They can assist you in understanding your legal rights and advise you on the best course of action to take. It's also critical to collect as much evidence as possible to back up your claim. Photographs of the fallen tree may be included. Eyewitness testimony is also required, as is any correspondence you may have had with the property owner regarding the tree.
Contact Us Today
To win a premises liability case involving a fallen tree, you must demonstrate that the landowner breached the duty of care owed to you and that the injuries you sustained were a foreseeable and likely result. When dealing with liability from falling or fallen trees, proving liability is frequently difficult. If you were injured as a motorist by a fallen tree, you should contact an experienced car accident lawyer right away. Please contact us at 1 (310) 943-1171 for a free legal consultation.
