When a tree grows on someone’s property, it belongs to that person, and the property owner is responsible for the maintenance of the tree. If a tree falls on your vehicle or causes injury or property damage, the tree’s owner can be held liable for the damages.

Trees grow all over California and don’t seem to care about property lines. Under California law, a tree’s stump determines who owns and is responsible for it. If the stump is on your property, the tree belongs to you, and if the stump straddles two properties, the property owners must collaborate to care for and maintain the tree.

If branches of your neighbor’s tree grow onto your property, you must maintain the part of your tree on your property. Nevertheless, you cannot take any action that harms the tree or that courts would find unreasonable. As always, you must respect property lines and cannot complete tree maintenance on someone else’s property without their express permission. Cutting down or damaging your neighbor’s tree carries criminal consequences in California, even if the damage is not intentional.

No matter how many people are in charge of a tree, those people must maintain the health of the said tree and anticipate any dangers it may pose. Failure to properly maintain a tree can result in civil penalties and liability if the tree falls on someone or otherwise causes harm.

In the winter, California occasionally experiences moderate storms, so tree owners must prepare their trees to withstand this weather. Earthquakes or storms that are more than a little unusual may topple a tree. Still, the law considers these events acts of God, so the property owner may not be held accountable for damage.

Tree law can be complicated in California, and the relevant statutes fall under real estate and premises liability law. As such, any case that unfolds because a tree falls on you or your car will unfold very similarly to a slip-and-fall lawsuit.

At Queen Yasmine Personal Injury Law, we have plenty of knowledge and experience handling these cases, and we have recovered over $45 million for injured clients. We understand local laws and offer personalized and compassionate representation – and we never charge legal fees unless we win your case.

Although dates and COVID-19 precautions vary by county, California courts generally expect to resume civil jury trials in the summer of 2021. For many cases, socially distanced jury selection is already underway. Nevertheless, the COVID-19 pandemic is an ongoing public health crisis, and the courts’ estimates for opening are subject to change and updated regularly.

When the courts do open, they will prioritize civil hearings for emergency matters, as well as cases filed and scheduled before March 17, 2020. In an effort to mitigate the backlog of civil proceedings, many counties are holding court trials and other appearances via Zoom and CourtCall.

Many courts first closed on March 17, 2020, shortly after the World Health Organization declared the coronavirus (COVID-19) outbreak a pandemic. Although some courts resumed limited in-person services, most were unable to conduct jury trials in accordance with guidelines from the Centers for Disease Control and Prevention (CDC).

On December 7, 2020, 10 months into the pandemic, the Chief Justice of California advised all courts to prioritize health and safety statewide. Of course, each county court has its own rules and regulations.

For coronavirus-related court announcements and court-specific updates, you can visit the Consumer Attorneys of California website or check out the information provided by the California Lawyers Association. Both sources provide links to each county’s Superior Court website, where you can find more detailed information and the most recent updates.

Even as the vaccine rolls out and courts begin to open, jury trials have become more difficult. According to NBC Los Angeles, fewer people are responding to jury duty summonses, some citing anxiety about COVID-19. Diversity has also been a concern, as the COVID-19 pandemic has had a more severe effect on people of color, so the juries that do form may not represent a fair cross-section of the community.

Even trials that happen during the pandemic can be interrupted by a positive COVID-19 test or upper respiratory symptoms. In Indiana and Missouri, jury trials are already underway, and COVID-19 has caused multiple mistrials.

Until people are ready and willing to show up in court and sit through jury trials, this type of legal proceeding is unlikely to occur. Courts are focusing on criminal jury trials to prevent defendants awaiting their day in court while stuck in virus-packed jails, but the need for civil trials is much less pressing.

Fortunately, many civil cases – particularly personal injury cases – do not need to go to trial. You can still file a lawsuit against someone who wronged you and recover the compensation you deserve via settlement negotiations.

At Queen Yasmine Personal Injury Law, we can help you resolve your case in or outside of the courtroom. If pursuing a settlement is your priority during this uncertain time, we will fight to make it happen.

We’ve recovered over $45 million for injured clients, and we can help you, too.

In all jurisdictions in the United States, there is a time limit for filing personal injury lawsuits. This is known as the statute of limitations. Once the period has expired, a lawsuit is no longer considered valid and will be rejected by the court.

After a personal injury accident in California, an injured person must file a lawsuit within two years from the date of the injury or accident. An exception is provided for cases in which the injury cannot be discovered or diagnosed at the time of the crash. In such exceptional circumstances, an additional year might be allowed to file a claim. According to California law, a property damage lawsuit must be filed within three years after the damage occurred, was discovered, or reasonably should have been discovered.

The state of California is governed by shared fault principles. If you have been injured in a car accident, the defendant may argue that the action or inaction of the injured suing party (the plaintiff) caused or contributed to the accident and injuries. California has adopted a “pure comparative negligence rule.” According to this rule, the amount of financial compensation received by the injured plaintiff can be reduced by a percentage based on shared fault.

Although the statute of limitations begins to run on the date of the injury or damage to the vehicle, the law allows an extension of time to file a claim under certain circumstances. For example, if you were involved in a car accident, you may not be aware of the extent of your injuries until weeks or even months afterward. If the apparent injuries were only minor, you might not have received immediate medical attention. Some injuries, such as those that are internal or spinal fractures, may not be diagnosed for quite some time. In this scenario, the statute of limitations is extended for one year after diagnosis by a healthcare professional.A similar exception applies to property damage claims. Immediately after a crash, your vehicle may show signs of exterior body damage. However, an impact can also cause damage to the engine and other internal components that may not become apparent until several months after the impact. In this event, the statute of limitations begins to run on the date the damage was discovered, or when a court determines that a reasonable person should have discovered the damage.

If you have suffered a personal injury as a result of a car accident, it is important to seek legal advice from an experienced California personal injury attorney immediately. Your attorney will investigate the accident, interview witnesses and review your medical records before filing a lawsuit on your behalf. Insurance companies may contact you to try to reach a settlement. You may be tempted to accept a financial offer that is payable immediately, but such a choice will likely be unwise, in the long run. Your injuries may worsen, causing you to be faced with additional medical expenses in the future. In addition, if extensive vehicle damage is subsequently discovered, you may incur high vehicle repair or replacement costs. If you settle quickly without the assistance of a knowledgeable attorney, you may not be able to recoup these later expenses.