If you believe that you should be reimbursed by their insurance carrier, and they refuse to put you in touch with them, file suit against them in civil court.
Additional InformationKeep in mind though that the mere existence of a hazardous condition does not in and of itself constitute negligence. You will need evidence that the negligence was with willful knowledge that you or someone else could be injured.Also please note that since the advent of Tort Reoform, if you lose your lawsuit in that you can not prove your neighbor knowingly and willfully created a hazardous condition, you will be liable for all your neighbors legal expenses, attorney fees, court costs, discovery and investigative expenses, all lost wages or other lost commerce and opportunities as well as any mental anguish or stress that your neighbor incurs due to a failed suit you brought against them. You will also be subject to punitive damages your neighbor can win against you.
More InformationAdded: The second contribution states "you will" be liable for the costs that are enumerated. A more correct statement would be that you could be liable for these expenses IF the defendant/respondant specifically asks for them to be awarded, and the court agrees. Usually this occurs only when there is significant cause for the court to believe that the basis of the suit was false and/or it was filed with malicious intent.
Yes, a person injured by negligence can potentially be sued in tort law if their actions or lack of actions have caused harm to another person. Negligence involves failing to act with the level of care that a reasonable person would in similar circumstances, resulting in harm to others. The injured party may seek compensation for damages incurred due to the negligence of the other person.
It depends on how she got injured if it was due to her negligence she can't win the case but if her injury was the result of your doing yes she can sue and win.
Depends if you have any losses associated with your injury and if your statutes of limitations haven't run out,,,,seek out an attorney ASAP
negligence suit
Monetary compensation awarded/awardable to a party injured as a result of a breach of contract or a negligent act; the injury sustained due to misfeasance, negligence or breach of contract.
this would be negligence suit.
Damages in negligence aim to compensate the injured party for the harm they have suffered as a result of someone else's negligent actions. The purpose is to restore the injured party to the position they would have been in had the negligence not occurred, by providing financial compensation for losses such as medical expenses, lost income, and pain and suffering.
Malpractice is a type of negligence committed by a professional and Negligence is failure to exercise due care
Unless you can prove that the neighbor was negligent by not removing the tree then your insurance pays for your damage. For negligence to occur the neighbor would have to know that the tree was dead and about to fall on your property. Usually you would have had to notify your neighbor in writing of the tree's impending falling for them to be liable.
Yes, Florida is a comparative negligence state. This means that if an individual is injured in an accident, their compensation can be reduced by their percentage of fault in the incident. Florida follows a "modified comparative negligence" rule, which allows recovery as long as the injured party is not more than 50% at fault. If they are found to be 51% or more at fault, they cannot recover any damages.
That would be called a "personal injury case." It typically involves situations where someone is injured due to another person's negligence or intentional harm. These cases can result in the injured party seeking compensation for their damages.
The neighbor principle explains how we should apply reasonable care not to injure or hurt anyone, who comes into direct relationship with us or with whom we are involved with. The concept of the neighbor relationship outlines the practical boundary in which we owe a duty of care.