Injured By A Falling Branch

How To Make a Personal Injury Claim For Compensation

If you have been injured by a falling branch, you may be able to claim compensation if the accident was due to someone else’s negligence. While, injuries caused by tree branches may sound rare, they do happen.

The Health and Safety Executive (HSE) recently reported that a tree feller was prosecuted and a school trust fined after a branch fell onto a woman walking on a pavement. This occurred during a tree-felling operation at a school in Newcastle.

The victim sustained injuries including several broken ribs when a rope, being used to remove branches, snapped. The tree feller was using a chainsaw to remove branches with an apprentice pulling the branches into the school boundary as they fell.

When the rope snapped, the woman was walking her dog on the public pavement. The falling branch knocked her and her dog into a busy road. The self-employed tree feller was prosecuted to a 12 week prison sentence, suspended for 12 months. Additionally, he also had to complete 100 hours of unpaid work, as well as having to pay £1000 towards the prosecution costs. The school trust was fined $20 000 and had to pay court costs.

This case highlights the potential for injuries due to unsafe work practices. So, if you’ve been injured by a falling tree branch you may be entitled to compensation.

Jefferies Claims partners with lawyers who operate on a ‘No Win, No Fee’ basis and who can advise on whether you have a potential claim.

Who Is Responsible for Falling Branches?

While beautiful and vital for the environment, trees may become hazards if not properly maintained. Additionally, tree owners have a duty of care to ensure their trees are not dangerous to others. Furthermore, if a tree or branch falls and injures someone, who is liable depends on whether the tree is on public or private property.

Potentially Liable Parties Include:

• Local councils or authorities – for trees on public land, roads, highways
• Private landowners  – if the tree is on private property)
• Businesses or property managers if the incident happened in a commercial area

To hold someone else legally responsible, you must prove they knew or should have known that the tree was hazardous, and they failed to take steps to prevent it from causing harm.

Can You Make a Claim for a Tree Injury?

You may be eligible to file a personal injury claim if you are injured by a falling tree branch and someone else was negligent in their duty of care. So, for a claim to be successful, you should be able to prove the following criteria:

1. The defendant had a duty of care.
2. That duty of care was breached.
3. The breach directly caused your injury.
4. You suffered losses or damages (physical, emotional, financial).

Steps to Take After Being Hit by a Falling Tree Branch

Knowing what to do immediately after the incident can help to strengthen your case. Therefore, follow these important steps:

Seek Medical Attention

You need to be checked out by a medical professional, even if the injury seems minor. Importantly, some internal or head injuries may not show immediate symptoms. Additionally, medical reports also serve as crucial evidence in your claim.

Report the Incident

If the incident occurred on public land, you should report it to the local council. For private or commercial properties, inform the landowner or manager. Request a copy of any incident reports which will serve as evidence.

Collect Evidence

Gather as much evidence as possible:

• Photographs of the scene, tree, branch, and your injuries
• Witness statements and contact details
• Medical records and expenses
• Time and location

Keep a Financial Record of Damages

Track all expenses related to the injury. This may include:

• Medical bills
• Travel costs
• Loss of earnings
• Ongoing care needs

How To Make a Personal Injury Claim

The general time limit for a personal injury claim is three years. However, exceptions to this are children under 18, or if a person lacks mental capacity.

It’s best to seek legal advice as early as possible. This is to avoid missing deadlines and it becomes more difficult to gather evidence as time goes on.

Compensation typically covers pain and suffering and financial loss (such as medical expenses and lost wages).

Being injured by a falling branch can be traumatic. If you have sustained an injury through no fault of yours, personal injury claims for compensation. You will have to show that the injury was directly linked to someone else’s negligence.

At Jefferies Claims, we will guide you through the claims process. We partner with highly experienced lawyers who will assess all aspects of your case and who work on a ‘No Win, No Fee’ basis.

Contact our friendly team today at 0333 358 3034 or complete our online contact form to arrange an initial no-obligation telephone consultation.