Visitor Question

Assaulted While at a Friend’s House…

Submitted By: Nestor (San Francisco, CA)

I was staying at a friend’s house and I was assaulted by certain individuals that were let in by a mutual friend.

I ended up with bodily injuries and was taken to the emergency room. What are my rights against the homeowner? Is there any action I should be taking against the parties involved? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Nestor,

You do have a claim against the homeowner. Homeowner’s insurance normally covers such events. Hopefully you filed a police report at or about the time the assault occurred. The existence of a police report is one of the best ways to document an assault.

Such documentation will be very helpful in your personal injury claim against the persons who assaulted you. More importantly will be the documentation of your injuries. Without proof of injuries it will be quite difficult to have the insurance company compensate you for those injuries.

Regrettably compensation for injuries requires “damages”. Damages normally include medical bills, also known as “Hard Costs”. Damages may also include your out of pocket expenses for such things as prescriptions and over the counter aids necessary for your injury. Damages can also include lost wages and pain and suffering.

If you don’t have any Hard Costs you can attempt to negotiate a settlement for just your pain and suffering. Doing so will be a stretch, but you can try.

Get the name of the homeowners insurance company. Contact them to file a claim.

The insurance company will set up a claim, and you will be contacted by an insurance company Claims Adjuster. She will be the person with whom you will negotiate your claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 7, 2011

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