If you were injured or a loved one died in an accident involving a falling tree or tree limb, you may have grounds to file a lawsuit against the owner of the property. Tree hazards can cause serious to catastrophic injuries and deaths. If someone could have prevented the disaster where you were injured or a loved one was killed, they may be legally and financially responsible.
The Morgantown personal injury attorneys at the Robinette Legal Group, PLLC have the resources and experience to handle tree hazard serious injury and death cases. Find out how we can help you today, starting with a free consultation.
Common Injuries From Falling Trees and Limbs
The immense weight of a tree or falling tree limb can cause serious injuries to victims who are in its path. The tree can strike the head or back of a victim as it falls, potentially causing catastrophic injuries such as brain damage or paralysis. Crush injuries and broken bones are also common, as are fatalities.
Injuries often associated with tree hazards in West Virginia include:
- Back and spinal cord injuries
- Bone fractures
- Cuts, scrapes, and lacerations
- Emotional injuries
- Eye and facial injuries
- Head trauma
- Internal injuries
- Skull fractures
- Traumatic brain injuries
- Wrongful death
Expensive property damage is also a common issue associated with tree hazards. A victim with a serious injury from a dangerous tree or tree limb may never be the same. The incident may cause permanent physical or cognitive disability, as well as scarring, disfigurement, and psychological trauma. The lifelong costs of this type of accident can be immense.
Do You Have Grounds for a Claim?
You and your family may be eligible to file an injury claim or wrongful death lawsuit if someone else had the power to prevent or repair the tree hazard but negligently failed to do so. This type of lawsuit generally takes the form of a premises liability claim against the owner of the property where the tree was growing. Negligence in premises liability law is the careless maintenance or use of a property, resulting in injury or harm to visitors.
In West Virginia, property owners have a responsibility to be aware of potential risks that could lead to falling trees or limbs, such as:
- Hazard tree. A tree that is rotten, dead, or has other issues that create an excessive risk of the tree or its limbs falling.
- Dangerous position. A tree that, should it fall, poses a foreseeable risk of injury or damage from its position over a person, home, structure, or vehicle.
- Tree failure. Some part of the tree or where it sits in the soil has an issue, resulting in a risk of the branches or entire tree falling.
- Bad weather. A storm or inclement weather compromises the integrity of the tree, such as uprooting the tree or weakening limbs.
If these risks exist, the property owner has a legal responsibility to detect them within a reasonable amount of time and remedy the hazard, such as by calling in professionals to fell the tree or trim dangerous limbs. The failure to do so, resulting in a serious injury or death, could place financial responsibility – or liability – with the property owner.
The Importance of Hiring an Attorney
Determining liability for an injury or death from a tree hazard can be difficult – as can going up against a property owner’s insurance company for fair and full financial compensation. A premises liability attorney in Morgantown can make the legal process easier and more effective. Hiring a lawyer removes the burden of legal action from your shoulders, allowing you to focus your full attention on getting better. Your lawyer can use aggressive negotiation strategies to obtain maximum recovery for your present and future losses.
Request Your Free Consultation in Morgantown, West Virginia
If you were recently injured or a loved one died due to a tree hazard in Morgantown, speak to the compassionate and experienced attorneys at Robinette Legal Group, PLLC about your right to file a lawsuit. Your family may be eligible for financial compensation. Although a monetary recovery does not resolve everything, it can help you and your family move forward with less financial stress. Call (304) 594-1800 or contact us online today to request your free consultation with one of our attorneys.