Legal Question in Personal Injury in California

Re: Is there such a thing as a ''friendly law suit''?

Yes there is. You can handle the case with dignity. This is why we have insurance.

Joel Selik

www.4thelaw.com

800-894-2889

Re: Is there such a thing as a ''friendly law suit''?

Thank you for your inquiry.

You've received good answers, but let me concur that the liability issues have to be proven, either by convincing an insurance adjuster, or by proving the lawsuit in court.

Other than that, to get insurance reimbursement, you will either have to sue the individuals, and instruct them via letter that they should forward the lawsuit to the insurance company, who will handle it from there, or continue to contact the insurance company and the individuals until you get proof of coverage, so that you can make a claim. Because the insurance company will handle the entire case, with minimal contact to the neighbors, the lawsuit can certainly be "friendly". The neighbors should understand that the insurance exists to cover and defend such actions, and not take the lawsuit personally.

I hope this answer helps, but please feel free to contact me directly if you feel you need assistance or have additional questions. You can reach me at [email protected], or toll free at 1-877-568-2977. Thanks again, and best of luck.

Re: Is there such a thing as a ''friendly law suit''?

Just keep trying hwat you have been doing

Re: Is there such a thing as a ''friendly law suit''?

There may be no liability based on the facts you describe. One needs to prove negligence in order to sue for premises liability. That will mean proving ownership, possession and control of the tree plus a negligent failure to trim the tree prophalactically. In other words, it will have to be that it was reasonably foreseeable that there was a risk of the limb falling from the tree unless it was trimmed.

That doesn't mean that the case is not worth pursuing, but rather it must be pursued quickly while evidence can be preserved.

If a suit is filed the property owners insurance will cover. It should not become a personal issue.

Let me know if I can be of further assistance.

Re: Is there such a thing as a ''friendly law suit''?

I don't think lawsuits could be "friendly," but the neighbor's insurance company should represent him and pay for any claims. Your friend should consult with an attorney regarding the possibility of a lawsuit. If nothing else, she can contact the insurance company to see if he's covered by them and make a claim. Just know that there's a statute of limitations for lawsuits, and also if she settles with the insurance company, she'd be giving up any lawsuit when she signs the release.