If I suffered an injury from helping a friend move, could I go after their homeowners insurance if the injury was severe?

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If I suffered an injury from helping a friend move, could I go after their homeowners insurance if the injury was severe?

Asked on December 29, 2011 under Personal Injury, Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You could file a claim with your friend's homeowner's insurance company.  If you were injured on the property, your friend as the owner of the property is liable for your injury.

Before incurring huge medical bills, it would be advisable to verify that the homeowner's insurance is accepting liability.

Assuming that the homeowner's insurance carrier is accepting liability, when you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means you have reached a point where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the homeowner's insurance carrier will consist of these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file a lawsuit against your friend for negligence.  If the case is settled with the insurance company, NO lawsuit is filed.  If the case is NOT settled with the insurance company, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

 


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