neighbor burned many of my trees
Hello out there. . .
I have a problem with a neighbor. (There should be a "problem neighbor" catagory.) In April of 08 she was burning debris on our shared property line within 5 feet of my woods. Wind was blowing in the direction of my property and she left the fire unattended. My woods caught fire and about 1 acre of trees was lost. It has been a year and I'm not sure what trees are going to dye. I am still waiting for her insurance company to come out with their arborist. I hired an arborist to apraise the damage and he came up with a 5 year recovery program since it will probably take that long to realize all of the lose due to insect attack and fire damage to the stressed trees. So far it is evident that at least 100 trees have been lost.
Needless to say I want all of those trees replaced with trees as close to the size of the trees that she killed due to her recklessness.
Has anyone here had anything similar to my situation happen and what kind of recourse can I expect? The cost that my arborist came up with was a staggering figure.
The fire came to within 30 feet of my house so this is my front yard so to speak. It took two fire companys and the DNR to stop the fire. The fire marshall labeled the fire as accidental but acknowledged that she was responsible for the fire.
What would my chances of recovering my loss in court be?