Suffering from an injury is always stressful, but it can be more so when it occurs at a close friend or relative's house. Although you need to make sure your medical bills and any lost income is covered, you also don't want to drive a wedge between you and your loved ones. The following questions and answers can help you navigate this tricky situation.
Was negligence at play in the injury?
If the answer was no, then a personal injury lawsuit may not even be an option. Generally, negligence is necessary for someone to be held liable. If you were rough-housing, fell and broke your wrist, there was no negligence of the property owner involved. On the other hand, if you tripped over a broken step, which you couldn't see due to poor entry lighting, there may be room for a negligence suit. Consult a personal injury attorney and let them know the exact scenario surrounding the accident before broaching the subject of compensation with your friend or relative.
Were you negligent in any way?
For example, if the injury occurred when you were under the influence of drugs or alcohol, you may be considered responsible for the injury since it may not have occurred were you sober. In cases where the injury could have been avoided had you acted in a more responsible manner, it may be best to consult with an attorney before approaching the other party for compensation.
Do you need to sue?
Personal injury claims come in many forms. At their most extreme, you are suing both the homeowner and their insurance for medical coverage, lost wages, and pain and suffering. At the other end of the spectrum is the request for simple compensation of medical bills. Your lawyer can help you decide which options you should pursue. You may not even need to sue if the injury has no long-term repercussions and didn't result in lost wages, or if negligence wasn't at play. In this case, your friend or relative's homeowner's insurance likely provides coverage for simple medical bills that result from injuries to visitors on the property.
Is it possible to keep emotions out of it?
Tact and honesty are the best ways to approach compensation with your friend or relative. The truth is that you are not suing them directly, but instead you are actually suing their homeowner's insurance. In many cases their insurance may still be sued by your medical insurance company, even if you don't initiate the lawsuit. Your lawyer can help you formulate the best plan for talking to the friend or relative about the situation. There will likely be hard feelings, but if you work to keep emotion and blame out of it you may be able to overcome these feelings and the relationship may survive.Share
4 November 2015
There are so many legal situations that you can find yourself involved with, but do those situations really require that you hire an attorney? Some instances you may not need an attorney working with you, but in other situations, an attorney is definitely a necessity. This blog contains tips and advice for working through the different elements of the legal system. You will find information that can help you determine if/when you need to hire an attorney to represent your best interests. Knowing this information can help you avoid the costly mistake of taking on the legal system without someone who knows how the system works.