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Serious question regarding suing a friend's homeowners insurance for injury?

Discussions relating to Personal Injury Law

Serious question regarding suing a friend's homeowners insurance for injury?

Postby aldric13 » Thu Nov 24, 2011 9:46 am

I tripped in a friends' house over a run and fell into a screen door. I broke the door glass with my head and ended up with about 60 staples. The scar is about 14 inches total going in several directions. I also injurred my knee and am now looking at seeing a neurosurgeon for damage to my knee. Is it unreasonable to sue for scars left on my head (I'm a guy and have always had my head shaved) and for injuries. What would be a reasonable amount? Do you HAVE to hire a personal injury attorney just to give them 30%? Would appreciate reasonable advice or answer. Thank you
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Serious question regarding suing a friend's homeowners insurance for injury?

Postby lathrop » Thu Nov 24, 2011 9:55 am

If you don't hire a lawyer, you're probably going to lose the lawsuit.

If you hire the lawyer and it goes to court, you're probably looking at 40%.

It's impossible to say what a reasonable amount is - the only "run" I know of, is a dog run, outside the house. If you tripped on a RUG, and the rug was flat, you might have a really hard time proving that they caused your injury. Sometimes, accidents happen, and it's NO ONE'S fault.

If you can't find an attorney willing to take this on a no win no fee basis, you don't have a case.

Diane the guy who shaves his head, you can't get out of consulting an attorney for this. Good luck, Diane.
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Serious question regarding suing a friend's homeowners insurance for injury?

Postby talbot » Thu Nov 24, 2011 10:03 am

You would have to sue the friend, not their insurance. The court would have to find your friend liable for your injuries. The court would then award you damages. The insurance company would then pay up to the limits of the policy. The friend will be on the hook for the remainder. If you get a large enough award your friend will have to give you their house, then you can fix that run before somebody sues you.

BTW - a guy named Diane?
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Serious question regarding suing a friend's homeowners insurance for injury?

Postby matchitisiw » Thu Nov 24, 2011 10:07 am

It sounds like you might need help in proving negligence more so than proving damages. Just because you fell in the other persons house does not make them liable for your injuries. A "good" personal injury attorney can investigate and advise if you have a viable claim. The injury is substantial and should warrant a 5 or 6 figure settlement if you can prove liability. Good Luck
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Serious question regarding suing a friend's homeowners insurance for injury?

Postby arrigo » Thu Nov 24, 2011 10:24 am

You cannot get any money if you sue only the insurance company. The friend's insurance company will pay you only if either (a) you sue the friend, or (b) you sue no one and they think that you would win if you sued the friend. If you do not sue anyone, then they do not have to pay you anything, but they can if they want. If you sue only them, then they will not pay you anything. They do not have to pay you unless you sue the friend and win.
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Serious question regarding suing a friend's homeowners insurance for injury?

Postby shashank » Thu Nov 24, 2011 10:28 am

What is a run? You tripped over a run...

If you mean a rug, then I don't see how you tripping on a rug is in any way caused by your friend's negligence, and thusly how you would think anyone but yourself would be at fault, and thusly hwo you would think you were entitled to any money at all.
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Serious question regarding suing a friend's homeowners insurance for injury?

Postby dureau » Thu Nov 24, 2011 10:30 am

If you tripped INSIDE a friend's unit, you sue your friend or his/her insurance company. The association is not responsible for accidents that happen inside a unit.
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Serious question regarding suing a friend's homeowners insurance for injury?

Postby gowan » Thu Nov 24, 2011 10:33 am

You don't sue the insurance company. You have to sue the friend....or should I say the soon-to-be former friend if you go through with it.
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Re: Serious question regarding suing a friend's homeowners i

Postby robin84 » Thu Mar 14, 2013 8:56 am

i think best option is you discuss your problem your company agent its depends you insurance company terms he better guide you
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