Removing a tree is a dangerous process. If you hire an arborist, you may expect them to be professional and remove your tree carefully. But the tree might instead fall on your house and cause you to become injured. Under these circumstances, you must determine if they were negligent and whether you are entitled to compensation.
Start by Looking at the Contract
Examine the signed contract that specifies the cost, dates, and scope of work. The contract states who is responsible for any damages during the tree removal. Some contracts may have a hold harmless agreement that releases the tree removal service from liability. In contrast, others may have an indemnification clause that requires the tree removal service to compensate you for any losses or damages.
Learn About the Unique Laws of Your State
Another factor affecting your legal case is the state law where you live. Different states have different laws regarding negligence, liability, and causation. Therefore, it's essential to consult with a personal injury lawyer in the state in which you reside to find out whether your state might hold the tree removal service liable.
Seek Medical Treatment
If a falling tree injures you, it's essential to get medical treatment as soon as possible. You might have a head injury or broken bones. Not only is it essential to receive medical attention for your injuries, but your trip to the doctor will also allow you to gather evidence to prove that you faced injuries through medical bills and other documents.
Talk to an Attorney
After receiving medical attention, speak with a personal injury attorney immediately. They will help you prove your injuries and help you understand why you should be entitled to compensation. They will assemble evidence to show that the tree removal service was negligent and that they should have done everything possible to avoid the accident.
Proceed With Your Case
Once your attorney has proven that the tree removal service is negligent, they'll take steps to help you recover damages. Typically, they will assist you in negotiating a settlement.
While you could take the arborist to court, negotiating a settlement with the tree removal company or their insurance provider is less expensive and more reliable. If you cannot negotiate a settlement, your personal injury attorney will represent you during a civil case. Then, you might receive not only compensation for economic damages but punitive damages as well.
If you have any questions, schedule a consultation with a personal injury attorney.