He will need physical therapy and is in ICU. He may not want to proceed with a lawsuit but the financial burden will rest on my mom who will also have to take care of him.
Premises liability cases are rooted in the relative knowledge about a dangerous condition between the parties. In order to hold the property owner responsible, you will need to show that the property owner knew or should have known of some particular condition that your father did not and failed to warn him of it. However, even if you can show the property owner knew of the dangerous condition, if your father in fact had equivalent knowledge of the danger (or reasonably should have known) then he will be barred from recovering anything.
Given the severity of your father's injuries, it is reasonable for you to consult with an attorney to discuss who knew what in this particular situation. Unfortunately, it sounds like it is probably an unfortunate accident in which neither knew of some abnormally dangerous condition but both knew cutting down trees is an inherently dangerous activity - resulting in no recovery for your father. However, without more facts it is impossible to give you accurate advice. Again, I suggest calling an experienced injury attorney quickly to discuss the case in more detail.
The first question that has to be answered is whether someone was negligent and whether that negligence caused his injury. Then, you have to ask if there is money to recover from if someone's neglgence did cause the injury. Was he working for a company or helping the homeowner? If he was helping the homeowner and the homeowner was negligent in cutting down the tree and that caused his injury then you would probably have a good claim to make. I would be happy to speak with you about your claim.
I respectfully disagree with my colleagues. Your father was performing a service for his neighbor when he was injured. Because he was on this neighbor's property the neighbor has the affirmative duty to keep your father away from all known and reasonably foreseeable dangers. There are not enough facts here to determine if your father's neighbor is liable for his injuries, but I would not stop investigating the incident. Please call me to discuss your father's case.
Aaron Marks, Esq.
The Marks Law Group, LLC
103 W. Dearborn Circle
Decatur, GA 30030
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A lawsuit may not be required. A good personal injury lawyer will pursue compensation from the neighbor's homeowner's insurance. The secret is to retain a lawyer with a low contingency fee, less than 30%, so he is left with the lion's share of the settlement, not the lawyer. Good luck.
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