What to Do If a Falling Tree Injures You: A Guide for New York City Residents
Living in New York City means being surrounded by beautiful parks and streets lined with trees. These trees add charm and greenery to our urban landscape, but they can also pose a hazard, especially during storms or when they are not properly maintained. A falling tree or tree limb can cause serious injuries, ranging from cuts and bruises to more severe trauma like broken bones or head injuries. If you are injured by a falling tree, it’s essential to know what steps to take to protect your health and legal rights. Here’s a guide on what to do if you find yourself in this situation—and how our firm can help you secure the compensation you deserve.
Understanding the Risk of Falling Trees
Why Do Trees Fall?
Trees can fall for a variety of reasons. In many cases, severe weather is to blame. Strong winds, heavy snowfall, or ice accumulation can weaken branches or even uproot entire trees. In other instances, poor maintenance is the culprit. Trees that are diseased, damaged, or poorly pruned are more likely to fall, especially in adverse conditions. Property owners, including the city or private landlords, are generally responsible for maintaining the trees on their property, ensuring that they are healthy and pose no danger to passersby.
Common Injuries from Falling Trees
A falling tree can cause a range of injuries, depending on the size of the tree and the force of the impact. Some of the most common injuries include:
– Head injuries: A blow to the head from a falling branch or tree trunk can result in concussions, skull fractures, or traumatic brain injuries.
– Fractures and broken bones: The impact of a heavy tree limb can break bones in the arms, legs, ribs, or other parts of the body.
– Back and spinal injuries: A direct hit to the back or neck can cause serious spinal injuries, which may require long-term treatment and rehabilitation.
– Cuts and lacerations: Even smaller branches can cause deep cuts and lacerations that require stitches or other medical attention.
Immediate Steps to Take After a Tree-Related Injury
1. Seek Medical Attention Immediately
Your health and safety should always be your top priority. If a tree or tree limb falls on you, seek medical attention right away, even if your injuries seem minor. Some injuries, like concussions or internal bleeding, may not show immediate symptoms. Call 911 if you are seriously injured or unable to move, or visit the nearest emergency room as soon as possible.
Documenting your injuries through medical records will also be crucial if you decide to pursue a legal claim. Be sure to keep copies of all medical reports, bills, and records of your treatments.
2. Report the Incident
Once you are safe and have received medical care, report the incident to the appropriate authorities. If the tree fell on public property, such as a city street or park, contact the local parks department or city maintenance services. If the tree was on private property, inform the property owner or the building’s management. Reporting the incident creates an official record, which may be important when determining liability.
3. Gather Evidence
If you are able, gather as much evidence as possible at the scene of the incident. This evidence can strengthen your case if you decide to file a claim for compensation. Some steps to take include:
– Photograph the scene: Take photos of the fallen tree, the area where it fell, and any visible injuries. Make sure to capture the condition of the tree—whether it appears diseased, damaged, or improperly maintained.
– Collect contact information: Get the names and contact information of any witnesses who saw the tree fall. Witness statements can be valuable in proving how the accident occurred.
– Save damaged property: If your personal belongings, such as a phone, bag, or clothing, were damaged when the tree fell, keep these items as evidence.
4. Contact a Personal Injury Attorney
If you’ve been injured by a falling tree, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. However, determining who is liable for a tree-related injury can be complicated. This is where a skilled personal injury attorney can help. Contact our firm to discuss the details of your case and explore your legal options.
Who Is Responsible for Your Injuries?
Determining liability in a tree-related injury case can be complex. It often depends on where the tree was located and who was responsible for its maintenance. Here are some scenarios to consider:
Liability on Public Property
If the tree was located on public property, such as a park or street, the city or municipal government may be responsible for its maintenance. New York City has specific departments that handle tree care and maintenance, such as the Parks Department. If the city failed to properly inspect or maintain a hazardous tree, they could be held liable for your injuries.
However, suing a city or municipality comes with its own set of challenges, including strict filing deadlines. In New York, you must file a notice of claim within 90 days of the incident if you intend to pursue a lawsuit against the city. Our firm can guide you through this process to ensure that you meet all necessary deadlines.
Liability on Private Property
If the tree was on private property, such as outside an apartment building or in a residential yard, the property owner or landlord may be responsible for keeping it safe. Property owners are generally required to address hazardous conditions on their property, including dead or damaged trees that could pose a danger to others. If a property owner fails to properly maintain a tree, and it falls and causes injury, they may be liable for the resulting damages.
Liability on Construction Sites
In some cases, trees fall due to construction activities nearby. If a construction company’s actions, such as excavation or improper equipment use, caused a tree to fall, they may be held responsible for any resulting injuries. This can be particularly common in areas undergoing development, where trees may be disturbed by construction work.
Why You Should Contact Our Firm for Representation
Navigating the aftermath of a tree-related injury can be overwhelming, especially when dealing with medical treatments and financial stress. Our experienced personal injury attorneys are here to help you through this challenging time. When you reach out to our firm, we will:
– Provide a free consultation: We’ll review the details of your case and explain your legal options at no cost to you.
– Investigate the incident: We’ll gather evidence, work with experts, and determine who is responsible for your injuries.
– Handle negotiations: Our attorneys will communicate with insurance companies and other parties on your behalf, fighting for the compensation you deserve.
– Take your case to court if necessary: If a fair settlement cannot be reached, we are prepared to represent you in court to secure the best possible outcome.
Conclusion
If you’ve been injured by a falling tree in New York City, you don’t have to navigate the legal process alone. Our firm, Cohan Law Firm, is dedicated to helping you understand your rights and pursue the compensation you deserve. Contact Cohan Law Firm today to schedule your free consultation, and let us take the first step toward securing the justice and financial support you need to recover from your injuries. Remember, time is of the essence—so don’t wait to seek the legal assistance you deserve.
