Legal Question in Civil Litigation in Illinois

Before you sue, and assuming you have homeowner's insurance, call your agent and explain the situation. What you should hear, if you have the right policy, is that you'll be able to tell your neighbor if he doesn't deal with it (and it's his tree but you'll want a certificate of insurance for him to come on your property to remove it) you'll put a claim in to your insurance company and once they take care of this they'll probably sue him for the cost, which may be much more than it would cost him. Make sure you ask your agent whether this kind of claim will affect your premium.

I agree with Stephen.

If the trees were not diseased or otherwise damaged prior to the windstorm, your neighbor is under no legal obligation to remove the trees. Simply stated, your neighbor is not negligent and therefore not responsible. The legal term of art is called 'act of God'.

Having said this, I would expect your insurance company will pay for the cost of the cleanup and your neighbor's insurer will probably make you a nominal offer to cover your deductible.