Possible lawsuit against a neighbor that killed my tree

[davidwilliams]

My neighbor poured poison and killed a 20 foot tall avocado tree in the corner of my yard. I sent him a letter of good faith in an attempt to recover the damages and he responded with a phone call where he threaten me and insulted me. I am now ready to file a lawsuit. The replacement cost of the tree is $1500, not including removal of old tree or delivery charges of new tree or legal fees. During my research about this I found somewhere that i could sue for up to three time the cost in damages. I have before and after pictures of the tree in addition the neighbor that killed the tree owns a pesticide and weed control company that is run out of his house. So the chemicals used are stored at his house as well.

I have tried to contact several lawyers in the area with no response. What type of lawyer should i look for? Also is there any case study related to this matter i can use in my lawsuit?

Thanks for any help or advise

 

[army judge]

My neighbor poured poison and killed a 20 foot tall avocado tree in the corner of my yard. I sent him a letter of good faith in an attempt to recover the damages and he responded with a phone call where he threaten me and insulted me. I am now ready to file a lawsuit. The replacement cost of the tree is $1500, not including removal of old tree or delivery charges of new tree or legal fees. During my research about this I found somewhere that i could sue for up to three time the cost in damages. I have before and after pictures of the tree in addition the neighbor that killed the tree owns a pesticide and weed control company that is run out of his house. So the chemicals used are stored at his house as well.

I have tried to contact several lawyers in the area with no response. What type of lawyer should i look for? Also is there any case study related to this matter i can use in my lawsuit?

Thanks for any help or advise

Most lawyers would charge about $3,000 to $5,000 IF one wanted to represent you.
There are no guarantees, because you have nothing but suspicions and circumstantial evidence.

Is it worth spending twice or thrice what your alleged damages are worth to have a go at a 10-20% chance of success?

 

[Betty3]

You might let it go or you could trying suing yourself without a lawyer in small claims court. You might or might not win.

 

[Michael Wechsler]

This is a small claims court case and the cost of litigation and retaining attorneys would be prohibitive - which is the reason small claims courts were created.

I don't know what statute you've found that purportedly would provide for treble damages in the event you succeeded in proving your case. I'm not as optimistic. You can file and will need to be well prepared with proof that the poison they poured caused your tree to die. It's possible a judge or arbitrator will see things your way. The only way to find out is to file a claim. Good luck.