QUESTION
Do I need an attorney if I was injured and my friend's insurance won't cover it?
Asked on Oct 22nd, 2011 on Personal Injury - Massachusetts
More details to this question:
During a party at a customer/friend's house, I fell and broke my wrist. I have had two surgeries and been off work for most of the year. I own and operate a barber shop. I fell because a Halloween decoration took me off guard (a flying ghost) and I backed up to avoid it and tripped. My customer/friend offered to turn the accident into their insurance company, but the insurance company responded to the claim by saying that their insured was not "at fault" so it won't be paid. Do I need a lawyer or not?
21 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. You absolutely do need a lawyer.
Answered on Jun 03rd, 2013 at 12:29 AM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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Yes. You should hire a personal injury attorney in your area to pursue the claim, assuming the incident is still within the applicable statue of limitations (2 years in Indiana).
Answered on Feb 20th, 2012 at 3:56 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, you should consult an attorney. It definitely sounds like your injuries are pretty severe and you have some significant damages.
Answered on Oct 26th, 2011 at 12:18 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If you want to make a claim you will likely need an attorney. You certainly cannot do any worse at this point. Also, his insurance company should pay the medical pay benefits (usually around $5000) for your medical treatment regardless of fault.
Answered on Oct 25th, 2011 at 11:57 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you have a serious injury you always need a lawyer to help with the system. It is not consumer friendly. Remember that you have to prove your friend was negligent . Not that you were injured at his house. To get a successful verdict you must always prove negligence.
Answered on Oct 25th, 2011 at 2:03 PM
Yes, you do need a lawyer. You should at least consult with an accident or personal injury attorney for specific legal advice and direction.
Answered on Oct 25th, 2011 at 1:42 PM
Sam Louis Levine
The first order of business is to rule out that you friend's insurance will not cover your medical bills. Regardless of the issue of liability or fault, if your friend has homeowner's insurance, I would find it hard to believe that there is not at least minimal medical payments coverage to cover at least some of your medical bills related to the accident. It's difficult to comment on the issue liability without knowing more of the facts. It is advisable to speak to an attorney to get sound advice.
Answered on Oct 25th, 2011 at 1:25 PM
This appears to be what the law refers to as a "premise liability case". One where liability will be determined by examining if there was a defect in the property. You were at a Halloween party, probably drinking, knew there were decorations, the decorations appear to be both open and obvious - a fact which puts you on notice of the presence of decorations and to keep a watchful eye where you are going. So far with the way you've described the facts it's not looking good. If I were you I'd see an attorney to review the case and turn in your medical bills on the owner's medical pay provision to assist with paying some of the medical bills. Under that portion of the policy no liability need be shown. I don't think the question is do you need a lawyer, but will a lawyer be willing to take my case; and for me the answer is no.
Answered on Oct 25th, 2011 at 1:18 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Yes. You do need a lawyer. Get one that specializes in Personal Injury (PI) cases and ask him specifically if he does premises liability cases.
Answered on Oct 25th, 2011 at 3:48 AM
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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If you want to be compensated by your friends homeowner's policy you will need to hire an attorney.
Answered on Oct 24th, 2011 at 6:47 PM
You should talk to a lawyer to see if you have a viable case. Unless you can show that your friend was negligent, you will have a hard time with a case based on the facts you related.
Answered on Oct 24th, 2011 at 6:46 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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The fact that insurance company said no does not mean friend is not liable and insurance will not ultimately pay. You need a personal injury attorney to send demand letter and possibly file suit.
Answered on Oct 24th, 2011 at 6:36 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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If you want to proceed, you will certainly need to get a lawyer. Insurance companies will never voluntarily pay questionable liability cases voluntarily.
Answered on Oct 24th, 2011 at 6:27 PM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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You should retain a lawyer to pursue a premise liability claim. This type of case is very fact-dependent, the successful claims have strong documentation as to the facts of the accident and the injuries suffered. When an accident occurs because of a known condition, such as a leaking water line of which the landowner is aware, then there is a better argument to be made concerning landowner liability. And if the accident victim is immediately treated by EMT personnel or personal physician, then it is easier to prove an injury from the accident. You may have a strong argument if the placement/operation of the ghost was unreasonably dangerous. As for your injuries, you can seek reimbursement for your past and future medical expenses, and your loss of income, and compensation for your possible permanent impairment. Most personal injury lawyers will offer a free initial consultation to discuss your case and answer your questions. And this type of case is frequently handled on a contingency fee basis, you only pay attorney fees if the lawyer collects on your behalf. Please keep in mind that there is a two year statute of limitations for premise liability claims in Colorado, you must bring suit within two years of the accident or lose your right to do so. Other time limitations may apply. Good luck with your recovery.
Answered on Oct 24th, 2011 at 6:18 PM
You do need to retain a personal injury attorney. The success of your case will depend on whether it can be shown your friend was somehow negligent toward you in failing to warn you of the ghost decoration or a defect or condition of the apartment which caused you to trip and fall and whether you were also somehow negligent in failing to take care.
Answered on Oct 24th, 2011 at 6:16 PM
Assault Attorney serving Richardson, TX
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If you wish to pursue the claim and the damages are substantial you should consult with an attorney. There may be liability for negligence and other causes of action.
Answered on Oct 24th, 2011 at 6:08 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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If the insurance company won't pay your two choices are: a) walk away and forget about it; or b) retain a personal injury attorney and sue your friend, who will be defended by his insurance company. If you win or settle, the insurance company will pay up to the limits of its policy. That said, it does not sound like you have a good case. You don't get money just because you got hurt. You need to show that your friend was negligent. Maybe there is more to the fact pattern than you have written.
Answered on Oct 24th, 2011 at 6:08 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If they are not willing to voluntarily compensate you, then you need an attorney. Also, your friend's homeowner's insurance probably has medical payments coverage that should pay at least some of your medical bills regardless of any finding of fault. Ask your friend's homeowner's insurance company if your friend had any medical payments coverage on his policy, and if so, why they are not offering to pay the medical bills under that coverage.
Answered on Oct 24th, 2011 at 6:08 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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If the insurance company has rejected or denied your claim you should consult with an attorney. The law concerning responsibility of the owner of the property to you as a guest is limited. Based upon your description of the event it will be difficult to prove that your friend was negligent resulting in your injury. Simply because you were injured on their property does not establish legal responsibility and the insurance company probably has investigated the case adequately and believes that you are unlikely to prevail in a lawsuit. What you should do is determine if your friend's insurance coverage included a medical payment provision. Normally when you buy homeowners or renters insurance it includes medical payment to guests and this does not require proof of negligence on the part of the owner of the property. Unfortunately the medical payment coverage is usually limited and may only be $1000.00 or so but you should demand that they provide you with this information as you are entitled to payment as someone that was injured on their insured's property. Beyond that you should talk to an attorney as it will be extremely difficult and probably a waste of your time to try to pursue this on your own. I must honestly say that based upon your description of the injury your case sounds like it has a lot of problems and is going to be difficult to win. Sorry for the bad news and I hope this helps.
Answered on Oct 24th, 2011 at 5:56 PM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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Probably. If the insurer is denying the claim at the outset, you need to speak to an experienced premises liability lawyer, to determine if your friend has any fault.
Answered on Oct 24th, 2011 at 5:55 PM
Yes, you may need a lawyer as the case sounds a bit complicated, and the insurer has already denied liability.
Answered on Oct 24th, 2011 at 5:46 PM