Legal Question in Civil Litigation in Georgia

property damage caused by accident

A tree was knocked down and killed in my yard due to an accident--the at-fault party has forced my hand and now is seems it is going to court--I have filled out the papers estimating the damage but it will exceed what I have filed with the court. Should I get estimates for the entire damage or does it make a difference that it was an accident?


Asked on 4/12/00, 12:02 am

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: property damage caused by accident

Yes, you should get accurate estimates and, no, it doesn't matter that it was an accident.

Read more
Answered on 4/23/00, 7:41 pm
Glenn Loewenthal Glenn Loewenthal, P.C.

Re: property damage caused by accident

Your questions leaves several things unanswered, but assuming another person was negligent in causing the tree to fall on your property, you would be entitled to the resulting damages. You did not say which court you sued in, but regardless, you will need more than estimates to prove your damages. You will either need to show how much you actually paid for repairs or you will need an expert to testify for you in court. Estimates are generally not allowed in court to prove damages. They are considered hearsay.

Read more
Answered on 4/23/00, 8:23 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Georgia