What can I do to get my father in law to pay for my sons injury?

Question

A horse fell on my son while in my father in laws care and he will not help with the med bills. I have no money to help my son.  What should I do?

Eric Rothstein · Answer

You don't give enough facts to answer. How old is your son? Generally, just because a child is in someone's care, doesn't mean they are responsible if they get hurt. Was your son riding the horse? There could be an assumption of the risk defense. this would depend on his age and what the facts are. Do you really want to sue your father-in-law? Are you still married to his child? Is there medical insurance? Is there a third party to go after such as a riding stable, etc.

Reza Torkzadeh · Answer

There are many ways to have your son compensated for his injuries, including the ability to get him the medical care and treatment he needs for his injuries.  I suggest you immediately speak with an attorney who has handling these types of cases.

Richard Copeland · Answer

The first question is, "What did your father-in-law do wrong?"  The occurrence of an accident while an adult is watching a youngster doesn't prove negligence.  Negligence requires proof that the person failed to do what a reasonable person would have done under similar circumstances.  If you believe the father-in-law did something wrong that caused the injury, make a claim against any insurance the father-in-law has that could cover your son's accident.  If you don't have facts showing that the father-in-law did something wrong, see if the property where the accident occurred has medical payments coverage.  This is a type of no-fault insurance to take care of the medical bills someone incurs because of an injury that occurred on someone's property.

Mark Leonardo · Answer

If he has homeowners insurance for the property where this occurred, it will likely have a med-pay provision (usually around $5000, sometimes higher), and the insurance company will pay those medical bills regardless of fault or liability.  So explain this to your father-in-law and get him to turn it in to his carrier.

Bernard Huff · Answer

Consult with and/or retain a plaintiff's accident attorney to represent your son and you regarding your son's injuries and medical expenses. If your father-in-law was negligent while your son was mounting,riding and dismounting the horse, he may be held liable for some, if not all, of your son's medical expenses.

Gregory Casale · Answer

You may be able to sue him for lack of proper supervision. You should consult with an attorney.

Travis Prestwich · Answer

Your father-in-law probably as no-fault medical coverage under his homeowners' policy.  I suggest finding out about his insurance coverage and seeing if it will pay for the medical bills.

Jared Altman · Answer

If your Father-in-law was negligent then you could make a claim against him. Also, his homeowner's policy might pay some bills. Otherwise, you are out of luck.

Jami S. Oliver · Answer

Unfortunately, the only  way to force a person to pay for medical expenses arising out of a negligent act (or negligent supervision) is to file a lawsuit.  While I do not know the circumstances of the horse falling on your son, if your father-in-law was negligent, then you may file a lawsuit.

Lyle Masnikoff · Answer

You can hire an attorney and sue him if need be

Jeffrey Wittenbrink · Answer

A caregiver must use reasonable care while caring for a minor to keep him from being injured.  If your father-in-law was negligent in watching your son and he was injured due to that negligence, you may sue him and his homeowner's insurance may be liable to pay for your son's injuries. There are exceptions in homeowner's policies, however, and each case is different.  You need to consult an attorney about the particular facts of your case.

Thomas Bulman · Answer

With all the childrens health coverage available for children in Montana, there is no reason you haven't figured out how to get your child covered.  That would have paid the bills.  How can you prove Grandpa was negligent.  Horses are dangerous.  You knew your son would be around horses so don't blame Grandpa without knowing the facts.  How does a horse fall down on anyone anyway?

Gary Moore · Answer

You could sue your father in law for negligence in supervising your child. His homeowner's insurance may provide coverage.

Ronald Lowry · Answer

You need to tell how the injury occurred in detail before anyone can give an opinion about what to do.

David Stoddard · Answer

Contact attorneys and see if any would like to take the case. The father is only legally responsible to help with bills if he was negligent. You do not describe how the accident happened, so I cannt say whether he was negligent. If he was negligent, his homeowner's insurance would probably cover the damages if he has homeowner's insurance.

A. Woska · Answer

You may bring an action on behalf of your son as his guardian or next friend, against your father in law, sounding in negligence and seek to first make a demand on him for payment of the damages associated with the injury. If he does not respond, normally you hire an attorney, incur the expense of bringing a lawsuit and perhaps he has a homeowner's policy of insurance that may pay the claim.  If the claim is less than the maximum amount you can sue for in small claims actions, you could sue in small claims court, represent your son there without an attorney and seek to obtain a judgment.

Francis Paul Hajek · Answer

In this Virginia personal injury situation, I think you need to consult an experienced injury attorney as soon as possible. The lawyer can help you determine if there is any negligence theory that will permit a recovery. When you go to see the attorney, you should take all documentation with you including pictures, diagrams and insurance policies. Good Luck.

Timothy Klisz · Answer

If he was somehow negligent, his homeowners insurance should cover a claim. You will need an attorney to handle this appropriately.

Marty Judnich · Answer

If you do not have medical insurance for your son, you should look at starting a claim against the homeowner's insurance policy of your father in law. There still may be a need to prove negligence on the part of the father in law though.

Stephen Snedden · Answer

This is posibly a case of negligent supervision. You need an attorney to review the facts of the case and analyze the claims.

Todd Rayan · Answer

If it was on his property you may have an avenue for recovery through his homeowner's insurance, otherwise, if in fact your father in law was negligent, you may have recourse directly against him.

James Kelaher · Answer

Try asking him if his homeowner's insurance will cover it.

Andrew Velonis · Answer

A lot more information is required: we would need to know how and why the horse fell on your son, and what your father-in-law did to cause that to happen. If your father-in-law was acting in the course of a business when this happened, the business insurer might cover the loss.  If he has a house, homeowner's insurance might apply.

Vincent Bernabei · Answer

You should contact your father in law's homeowner's insurance company to submit the claim directly.

Paul Bovarnick · Answer

Sue your father in law. He likely has homeowners insurance or farm insurance that would be liable.

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