Tree Damage Attorney2018-09-13T13:17:31-04:00

Tree Damage Insurance Claim Attorney

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Tree Damage

Many Florida residents are familiar with property damage caused by trees following tropical storms, hurricanes, thunderstorms and strong winds. The storms can rip trees from the ground, throw tree debris across yards and collide with buildings, causing substantial damage.

However, in Florida, palms, oaks, and pines often cause tree damage which occurs naturally. This is usually due to the entire tree falling, broken tree branches, encroaching roots and disease.

It may seem like an easy task to make a property damage claim for tree damage, but they are often complicated and tedious. Roots and overhanging branches can cross property lines, which can cause confusion regarding which property owner is liable.

Tree Damage Insurance Claim Attorney

Tree Damage Attorneys in Florida

Jonathon Douglas is the leader of the Property Damage team at Battaglia Ross Dicus & McQuaid, P.A. The Florida law firm has for over 60 years been providing exceptional legal assistance to the Tampa community, producing a Tier 1 Ranking from US News and World Reports.

If your home or commercial property has received damage due to a fallen tree or other tree related causes, you may well be able to seek compensation to cover the cost of repair. Our experienced Property Damage Lawyers can help you battle the intimidating insurance companies to give you the best chance of an optimal monetary outcome.

Who is liable and responsible for damage caused by tree damage?

If the tree is healthy and falls unexpectedly on a neighbor’s property then the owner of the land where the tree originated, is not liable. However, if the tree was not healthy (for example a recent storm had left it weak or with snapped branches), then the owner of the land where the tree originated is liable.

Matters can often become complicated when trees are close to property boundary lines. This has led to new policies now stating that the damage is the responsibility of the owner of the damaged property.

If warnings were given by experts or a neighbor regarding the tree’s dangerous health and then ignored by the owner, there is a likelihood a claim can be made against the owner for negligence.

How can property owners prevent a tree causing damage?

Home and business owners should take some action to ensure any tree on their property remains in a safe and maintained condition. It is highly advised to get you trees professionally checked as well as considering the following actions which will help prevent tree-related issues:

  • Trim branches and roots
  • Fill in holes which could weaken the tree’s support system
  • Repair cracks in earth and pavements caused by tree root systems
  • Check for disease or signs of decay

What can you do to help your claim or prevent tree damage?

If the tree is not yours, but you believe it is a risk to your property, then you can still help prevent damage or prepare for a future claim.

  • Make clear warnings of your concerns to the neighbor
  • Make at least 3 separate warnings
  • Take photos and videos of the tree and the signs of its weaknesses
  • Trim roots and overhanging branches that are on your property, up to the property boundary lines
  • Contact a Tree Damage attorney

Why should you Hire a Tree Damage Lawyer?

A tree damage attorney will use their knowledge of property damage law to give you the best chance of recovering insurance benefits related to damage caused by trees. A Property Damage attorney will know which evidence is essential and how to leverage the evidence in your claim.

Contact St Petersburg Property Damage Attorney Jonathon W Douglas and the Property Damage team today at Battaglia Ross Dicus & McQuaid, P.A., to get started on repairing the damage your property has suffered.

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