Concord Tree Accident Lawyer
The people of Concord prize their beautiful trees, which provide welcome shade and are home to many small creatures. Their prized redwoods at Markham Nature Park and Arboretum, which covers only 16 acres, bring many visitors every year. In addition, the National Arbor Foundation has named Concord as a Tree City USA community year after year. However, earthquake damage and thunderstorms with heavy rain and high winds can end up toppling trees in the city, and an unfortunate person underneath can be seriously injured. When this happens, a Concord tree accident lawyer can help you obtain compensation to cover your medical bills and more.Recovering Compensation Following a Tree Accident
When trees become weak due to disease, age, or the elements, the risk increases for a big limb or even the entire structure to suddenly fall, especially during bad weather. The owner of the private or commercial property or the city can be held financially liable for injuries and fatalities if negligence is found to be the cause. If you or your loved one suffers an injury because of a falling limb or tree, you can receive a free consultation at (925) 428-5220 or (800) 404-5400 to find out whether you can file a claim to recover compensation.What Compensation Can I Recover if I’m Injured by a Tree or Falling Limb?
Personal injury damages that can be recovered when someone is injured in California by a falling limb or tree include economic and non-economic damages. The following are types of compensation that can be recovered:
- All medical costs associated with your tree accident can be calculated by your Concord tree accident attorney. These include everything from your ambulance fee, hospitalization, and physicians’ bills to rehabilitation costs.
- Lost wages can be recovered, including your pension and insurance benefits and the value of other perks you received at your job. If you return to work and have to take a position that pays less, the difference is factored into your settlement. If you become permanently disabled due to your accident injuries, your wages can be calculated until retirement age and recovered.
- Non-economic damages are those that have an intangible value. These include loss of consortium and the value of household chores the injured party can no longer perform.
Because trees and their limbs can cause devastating injuries or even fatalities, property owners are responsible for keeping them in good condition and removing those that present a danger to the public. Injury risks can include the following:
- A tree or large limb that falls at an intersection can cause injuries to bicyclists and pedestrians as well as damage vehicles passing through.
- Roots that create upheavals in sidewalks can cause trip injuries, which can lead to fractured bones and traumatic brain injury.
- Because large limbs and trees are extremely heavy, one that falls can end up causing a roof crush to a vehicle, seriously injuring those inside. Falling trees or heavy limbs can cause fatal injuries to motor vehicle occupants. In some instances, emergency extrication of the people inside the vehicle is required, which increases the time it takes to get them to a hospital.
- Falling branches or trees can bring down power lines, which present a risk of electrocution as well as fire.
- Those who trim trees for a living often have to climb high to do so and can either become trapped and suffocate, fall from a height that causes severe injuries, or encounter other problems. About 10 years ago, a tree trimmer became tangled in a rope in Concord and was killed when he struck his head against a wood chipper. If the tree trimmer isn’t properly trained, the company that employs them could be held liable for injuries.
Government claims must be filed within six months from the time of the injury. The city then has 45 days to answer. If your claim is denied, you have an additional six months to file a lawsuit. However, if the injured party receives no response at all, the window to file a lawsuit is two years.
By enlisting the aid of a Concord tree accident lawyer, you ensure that the negligent party/parties are held accountable, the evidence is gathered to support your claim and your damages are calculated so you can receive fair compensation. It’s also important to note that evidence can be hidden or disappear as the site is cleaned up, so contacting a lawyer quickly after your injury accident is important.In Concord, There Are Many Different Types of Trees
People who live in Concord enjoy its Mediterranean climate and abundant sunshine. However, many people plant fast-growing trees, which can pose a danger. Fast-growing trees are more likely to have multiple crotches and shallow root systems and become weakened during times of drought or heavy rain. Some native trees that are commonly planted in Concord that fall into this category include the following:
- Blue elderberry: In five years, this type of tree can grow to 15 feet, topping out at around 30 feet.
- Red willow: The red willow grows up to 50 feet within 10 years and has multiple trunks that wind around, which makes it a risk for dropping limbs or portions of it coming down in a storm.
- Valley oak: The valley oak is a fast-growing tree that can reach 20 feet within five years. Within 10 years, it can reach 40 feet. Limbs can break off if it receives too much irrigation.
When someone is injured by a falling limb or tree on private property, California Civil Code 833-834 states that the homeowner is financially responsible for the injuries. Should the tree straddle a property line, then both homeowners share the responsibility for accident injuries caused by a tree or falling limb. A Concord tree accident lawyer can handle the claim for you to ensure that you receive the compensation that you deserve so that you can concentrate on healing without financial worry.Who Is Responsible if My Tree Accident Injury Occurred Elsewhere?
Responsibility for an injury accident caused by a limb or tree falling depends on the location where the incident occurred. It must be determined whether the tree is located on city property, is maintained by PG&E, or by Caltrans if the tree is on certain roadways. In Concord, the city takes responsibility for areas such as grass strips by the curbs, parks, and other locations that are used by the public. Your tree accident lawyer in Concord can determine liability for your injury, collect the evidence necessary to support your claim, and handle negotiations for you with the appropriate insurance company.
When seeking legal help, Attorney Ed Smith suggests looking for the following:Concord Tree Accident Lawyer
Should you suffer an injury or lose a loved one in an accident caused by a fallen limb or tree, you might be able to recover compensation with the help of a Concord tree accident attorney. Call us to arrange a free consultation virtually or in person with one of our injury lawyers at (925) 428-5220 or (800) 404-5400. We can also be contacted online. If you want to find out how our law firm has assisted others, visit our Verdicts and Settlements page.
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