QUESTION

should I sue my father-in-law?

Asked on Sep 26th, 2016 on Slip and Fall - Indiana
More details to this question:
I tripped over a concrete barrier in my father-in-law's garage and severely dislocated my shoulder which will most likely require surgery. I don't know what problems I may encounter later on and need your advice if I should sue his insurance company. I love him so much and don't want to cause s rift between us but I don't want to be stuck with medical bills that would be s hardship to pay off. Thank you so much for any help you can give me.
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1 ANSWER

Dear Anonymous, I am sorry to hear about your injury, but your question brings up a lot of issues that may be relevant to many others on this site.  You tripped and fell over a concrete barrier in your father-in-law's garage, but just because it happened at his house, does not mean he is responsible.  To prevail on a negligence claim in Indiana you would have to prove that your father-in-law did something wrong.  If the barrier was open and obvious, and you just failed to notice it, then it is not likely you could prevail if you were to file a claim.  But, if the barrier was hidden, or placed there in such a way for it not to be readily seen by his guests, then you may have a viable claim.  As a homeowner, your father-in-law has a responsibility to keep his property reasonably safe from unseen defects for his invited guests.  If he does not, he may be found to be negligent.  However, there is coverage under most homeowner's insurance policies for medical payments for persons who might be injured on your property.  This "med pay" coverage is available no matter who was at fault.  The limits of most med pay policies are usually fairly small ($5,000 - $10,000), but this may be helpful in paying for some of your medical bills, and it would not require filing a lawsuit against your family member, which can be a very delicate proposition. All you need to do is notify the homeowner's insurance carrier and let them know what happened and submit your medical bills to them. If you have already paid the bills out of pocket, you will be reimbursed up to the limits of the med pay coverage.  If your health insurance company has paid the bills, then they would be reimbursed directly from your father-in-law's insurance company.  Your father-in-law should not have a problem with you making a med pay claim, as that is a coverage that he has paid for, and your injury at his home is precisely the reason that he has such coverage.   Best, Chip Clark  
Answered on Sep 27th, 2016 at 6:13 AM

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