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My dad is a senior citizen and was helping someone cut down trees in their backyard and was seriously injured. Do we have a case

Atlanta, GA |

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.

Attorney Answers 6

Posted

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.

The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.

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Posted

I agree, there needs to be negligence and the injury needs to be a result of the negligence.

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Posted

I am sorry for your father's injuries. There is a possible claim if his injuries was caused by someone else's mistakes or careless actions. I would contact an attorney for a consultation before speaking to any insurance companies.

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

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.

Regards,

Aaron Marks
404-939-1485
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Aaron Marks, Esq.
The Marks Law Group, LLC
103 W. Dearborn Circle
Decatur, GA 30030
www.markslawgroup.com
aaron@markslawgroup.com
404-939-1485 (ph)
404-581-5902 (fx)

--
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ATTORNEY-CLIENT PRIVILEGED; DO NOT FORWARD OR DISCLOSE WITHOUT EXPRESS PERMISSION. Communications from attorneys and their employees are confidential and may not be forwarded or disclosed without the sender's express permission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege, that may attach to this communication. Further, anything you believe to be tax advice in this communication, including attachments, cannot be used to avoid penalties under the Internal Revenue Code, nor does it promote, market, or recommend any transaction or tax-related matter. The Marks Law Group does not give tax advice.

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Posted

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.

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Posted

What if those guys are in their 30's and my dad is in his 70's? My dad doesn't have the best judgement at his age. They should have known it was a dangerous situation for him. My dad is often forgetful and leaves water running to overflow. But the bottom line is that they should have known better than an old man. The story is that they had been using my day's chainsaws to fell some trees and the last one, they tethered to other trees but miscalculated how or when it would fall. The reaso I am even asking this question is that my day's nurse told us they came to visit him in ICU and attempted to release his hand restraint and tried to get him to sign some paper. The nurse kicked them out because my dad then tried to remove his breathing tube in the confusion. I know it won't hold up in court because he is on some serious pain meds but my goodness he is broken in so many places all because he was being a well-intentioned fellow but this family's action makes me wonder if I should take action to make them be responsible for letting an old man endanger his life. Thank you all for your great advice. My dad is kind to a fault and I know he will not participate in any kind of legal action but my mom needs help with his medical expenses as they are both retired.

Posted

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.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Posted

So by contingency fee, you mean we will not pay attorney's fees unless we collect from the homeowner's insurance? That is the best scenario for us. Now I just need to find such an attorney here. Thank you!

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