Broken Ankle from Tripping on a Log at a Friend's House...

by Ryan
(Commack, NY)

I tripped over a tree stump/log at my friend's house and broke my ankle. I needed surgery and now I have a plate and six screws in my ankle. I will also be starting physical therapy soon. My friend never cleaned the logs/tree stumps since the hurricane.

I'm wondering, other than my medical bills for the surgery and physical therapy, can I receive any further compensation for my pain? Thank you.

Visitor Question:
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ANSWER for "Broken Ankle from Tripping on a Log at a Friend's House...":

Ryan (Commack, NY):

Probably not. It appears you have probably been receiving funds for your medical bills from your friend's homeowners policy. When someone is injured on another's property and that person carries homeowners insurance, it isn't necessary for the injured party to show the homeowner was negligent.

Negligence does not have anything to do with a homeowners insurance company policy paying for injuries sustained by a third party on the homeowner's insured property. The policy simply pays all of the "reasonable and necessary" medical bills incurred by the injured party. Of course those amounts are strictly limited to the amount of insurance the homeowner's policy provides.

If you want to pursue your "friend" for additional compensation you can file a lawsuit against him alleging he was negligent in not removing the tree stumps which injured you. To tell you the truth, that's a far reach. You can try, but you will have to weigh and balance that decision against proving your friend was negligent. Tough call!

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

Best of luck,

Judge Calisi

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