It may be more emotionally challenging to get compensation if you were hurt at a friend’s residence. But you must keep in mind that you are not suing your friend for personal injuries. Instead, you are suing their insurance. And you must do this in order to cover your medical expenses and receive compensation for your missed earnings.
It might be challenging to choose what steps to take if you were critically hurt at a friend’s residence. You know you can’t pay your medical costs on your own, but on the one hand, you don’t want to beg your friend for money.
The solution could be to use premises liability lawyers’ assistance to submit a personal injury claim against their homeowner’s insurance. In this guide, we’ll break down the basics of premises liability and what you should do if you are injured at a friend’s home.
Premises Liability: What to Do If You are Injured at Your Friend’s Home
What is Premises Liability?
A legal concept known as premises liability is frequently at issue in personal injury lawsuits if the harm was brought on by an unsafe or defective condition on the defendant’s property.
The majority of personal injury lawsuits, including premises liability cases, are founded on carelessness. The injured party must demonstrate that the property owner was careless in their ownership and/or upkeep of the property in order to prevail in a premises liability action. In general, negligence refers to a failure on the part of the property owner to maintain the property with appropriate care.
It’s crucial to remember that just because you were hurt on someone else’s property doesn’t always indicate that person was careless. Furthermore, just though a property may have been in a dangerous state does not inevitably prove that the owner was careless. You must demonstrate that the property owner knew—or should have reasonably known—that the premises were in a dangerous state but did nothing to address it.
What Injuries Qualify Under Premises Liability Cases
If you were injured at a friend’s house, you might be wondering if your injury could even qualify for a premises liability case. Premises liability lawsuits encompass a wide range of personal harm claims, including the following:
- Improper conditions on the property
- Elevator accidents
- A dog bite
- Swimming pool or hottub accidents
- Poisonous vapors or chemicals
- Floods or water leaks
- Slipping and falling
- Slippery ice and snow accidents
- Inadequate building security resulting in assault or injury
- Poor property upkeep
As you can see, there are many different factual situations in premises liability claims. Due to a hazardous situation on someone’s property, even dog bite cases fall under the purview of premises liability.
Identify if Your Friend Has Homeowners Insurance
Your acquaintance should get homeowner’s insurance if they own their house outright and have a mortgage. To make a claim, ask your acquaintance whether they have it and collect their name and address. The homeowner’s coverage can cover your injury-related losses, including medical costs.
It’s crucial to pinpoint where you fell whether your friend leases their house or resides in an apartment complex. Frequently, a rental property’s common spaces are maintained by the building’s owner or landlord. It is crucial that you inform the owner of the property after being hurt there and find out whether they have insurance that can pay for your claim.
They may have renter’s insurance if you fall within the house or in an area they are responsible for. Renter’s insurance functions similarly to homeowner’s insurance and could compensate for injuries brought on by your friend’s carelessness. If your acquaintance has this insurance, ask them for the details so you may submit a claim.
From here, you’ll need to speak with your friend’s insurance company. You must file a claim with the proper insurance provider. Call them as soon as you can and explain what occurred. Don’t hold off reporting the accident until your friend or someone else does it since they could take their time.
You might wish to consult with a lawyer before dealing with an insurance adjuster. Be not deceived. Because they are businesses, insurance companies want to be profitable, not to settle your claim.
Your rights will be better protected if you have a lawyer on your side. Few insurance companies are eager to compensate victims, and many will find any justification to reject your claim. With legal representation, you can present your case persuasively and raise your chances of winning compensation.
The insurance agent will look into the incident to see if the injury is covered by the policy and what caused it. Only after they have shown culpability will they engage in settlement negotiations with you and your personal injury attorneys.
What Happens if My Friend Does Not Have Homeowners Insurance?
You can ask your friend involved to cover your medical costs and other costs if they don’t have insurance. You can, if required, request that they participate in mediation to assist you in finding a solution that benefits both of you.
Collect as Much Evidence as Possible
Make a thorough record of your injuries and the accident’s facts before requesting compensation. The scene of the occurrence, medical records that detail the entire degree of your injuries, and medical bills and receipts that detail the cost of your care should all be available to you. While in the hospital, you should also take images of your wound.
Additionally, you should have evidence of your income, particularly if your impairments prevented you from working. Take photographs of whatever caused your accident, such as a damaged railing, damaged flooring, etc.
This is highly advised.
Gather the names and addresses of any witnesses to the accident, especially if anybody else was there when it happened. Keep in mind that you can never collect enough proof. Your prospects of being paid for your injuries are greater if you can gather more proof up front.
What Happens if I Can’t Negotiate a Settlement with the Insurance Company?
Whether your friend has insurance or not, you might need to file a lawsuit if settlement talks fail. You will have to prove in court that your friend’s carelessness led to your injuries. The insurance company will often engage a lawyer to defend your friend, while you will have a lawyer fighting for your rights.
As you can see, bringing a lawsuit frequently marks the culmination of a protracted procedure. However, in some circumstances, your personal injury attorneys could suggest that you take immediate legal action to defend your rights.
Premises Liability Lawyers in Florida Could Help You Build a Case
A property owner has a responsibility to make sure that everyone who comes to their place of business or dwelling is safe. A property owner may be held accountable for any accidents that may occur if they fail to respect this obligation.
Our Florida premises liability attorneys at Zimmet & Zimmet are committed to pursuing personal injury claims where a property owner’s carelessness caused an accident that resulted in an injury or fatality. Our personal injury attorneys are among the most reputable personal injury law companies in Florida and have a wealth of knowledge defending those who have been injured on someone else’s property.
We always offer a free first evaluation of any personal injury claim because we want to see you receive the money you are due. To learn more about how we may assist, contact our premises liability lawyers at (386)210-3720 for more information. You don’t have to take on this difficult situation alone!
How was our guide on what to do if injured at a friend’s property? We understand that such a scenario is certainly stressful. Be sure to get in touch with the premises liability lawyers at Zimmet & Zimmet to learn more about your options after such an injury.