Visitor Question

Broken Leg from Getting Knocked Down by My Sister’s Dog…

Submitted By: Judith (Tolland, CT)

I live in Tolland, CT. In September of 2011 I was in the backyard with my sister’s dogs.

I do live with my sister.

One of the larger dogs came running at me full force, hit my leg with her butt and knocked me down.

I went to the hospital to find out I had a broken femur along with crushed bones. I now have a steel plate in my leg and still cannot walk without a lot of pain.

I feel my driving days are over as the injury was to the right leg which I still cannot bend fully or straighten fully. I have been to physical therapy for about 2 months now and still haven’t made enough progress. I have been ordered by my doctor to wear a knee brace during the day for help bending, which I have to wear 4-5 hours a day, and a night brace for straightening, which I also wear 4-5 hours at night. The injuries are still very painful I might add.

Can I get compensated for this injury as I now feel that I am disabled by not being able to drive, cannot walk properly, and still have a lot of discomfort for which I am taking prescribed pain pills?

Thank you for listening. Waiting patiently for answers to what steps I can take if any.

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 Judith,

Yes you can. There are two steps you can take…

First seek compensation and reimbursement from your sister’s homeowners insurance policy. Second, sue your sister personally for any amounts of compensation or reimbursement above the limits of the homeowners policy. The former seems likely to produce the results you’re looking for, and hopefully the latter will not be necessary.

Ask your sister for the name, policy number and telephone number of her homeowners insurance company. Contact them immediately. Explain to them what happened. You will be contacted by a representative of the insurance company within a week or so. That person is called a Claims Adjuster.

The Adjuster will ask you for all of the information related to your injury. That information will include, but not be limited to, all of your medical bills, out of pocket expenses such a prescription and over the counter medications, bandages, etc. Make sure you let the Adjuster know about your lost wages. They are recoverable as well.

The amount of compensation will also be directly proportionate to the amount of homeowners insurance available. If your medical bills, out of pocket expenses, lost wages, and claim for pain and suffering exceed the homeowners limits you will then have to consider suing your sister personally for the balance.

If your sister doesn’t carry homeowners insurance you will be in a tough predicament. Without insurance your sister will be the only target of your legal claim. In that case, and because of the nature and extent of your injuries, you will be best served by contacting several personal injury attorneys. Most will not charge any fee for an initial office consultation.

This isn’t a case you should pursue by yourself. Your injuries are too serious, and without proper legal advice you may not succeed in securing a financial settlement appropriate for your injuries.

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: February 21, 2012

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