Did Your Neighbor's Tree Damage Your Property And You Want To File A Small Claims Case? What To Consider First
If you are considering filing a small claims case against a neighbor and you aren't sure where to start, you'll want to talk with a Mayors Court attorney to find out what process you need to follow. If a piece of your property was damaged because of your neighbor's poor landscaping and rotting tree, they should have to pay. There are some documents you'll want to have before you file, and some things that you'll want to consider before you move forward with the claim.
Could a Legal Letter be Enough?
Your neighbors may not realize that you are very serious about taking legal action if they aren't going to pay for the damages. You can meet with the lawyer and have them send a letter warning that the case will be opened if they don't pay. The legal documentation may be enough to scare them into paying or to make them realize you are going forward with the case.
The Financial Expectations
Talk with the lawyer about the fees that you will have to pay to obtain their services, and if you can get the full amount of expenses to repair the damages covered. You don't want to put out more in legal costs than you end up getting back when the case is over. The lawyer will want you to get a quote for the cost to repair or replace the damaged items or property so they know what you're expecting to get in return.
Weigh the Repercussions
Are you going to forever ruin your relationship with your neighbors if you move forward with the small claims case, and are you worried about the social repercussions? If so, then you have to decide if the money is worth it or needed, or if you want to let it go.
The neighbor should be able to make a claim on their homeowner's insurance policy because of the tree, so other than the deductible, they shouldn't have to pay out of pocket for the entire amount of the damages or repairs. If you want them to take responsibility and you've asked them several times if they are going to pay, then you want to meet with a lawyer to get things started and to get some paperwork sent over to your neighbors. Once they find out the legal process has started, they may want to take care of the issue quickly.