Before knowing the answer to your question, an attorney would need to research the title and subdivision maps establishing ownership of the land where the tree is located. Is it the city's tree or is it your tree? In many cities, you own the sidewalk and any landscaped area between the sidewalk and the street, and the city just has an easement for the sidewalk. That's how it is in front of my own house. I dedide what to plant there, and if my landscaping causes any injuries, that's my problem, not the city's. But on other streets nearby, the city selects, plants and maintains the trees, and any damage would be its responsibilty. That's on two streets in the same city, in the same neighborhood.
Even a small lawsuit costs at least $30,000.00. Cities either have insurance which aggressively defends such lawsuits, or their own in-house city attorneys who do the same. This lawsuit is likely to cost more. For that reason, you might need to call or email quite a few lawyers before you find one willing to take this on. Or you might get lucky with your next one. Keep trying.
Do not delay. You must file a formal claim very soon after the occurence. I do not know how soon. If you hired me, that would be the first thing I would look up. If the city rejects the claim or fails to respond within a specified short time, then after that, you will have only a short time to file the actual lawsuit. So get an attorney ASAP.
Good luck.
Dana Sack
Answered on Mar 13th, 2017 at 10:30 AM