Fell at my mother in law's house...

by Marilyn
(Charleston, SC)

I fell at my mother in law's house. It was raining and they had moss on the steps, which caused them to be very slippery. I slipped and fell down about six steps. This happened in October 2010. I have had two surgeries, two injections at the site for pain, and two sessions with fluid withdrawn.

My insurance paid for everything. I am now going to a neurosurgeon for nerve damage and scar tissue pain. Do I have a case to file for pain and suffering? What can I do about this? Thanks.

Visitor Question:
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ANSWER for "Fell at my mother in law's house...":

Marilyn (Charleston, SC):

You probably have the basis of a negligence case against your mother, as long as you didn't resolve any part of your injury claim under her homeowners insurance policy. If you did, it is likely you signed a release indemnifying your mother and her homeowners insurance company from liability. If not, you should still be able to file a claim.

You cannot receive compensation from your own insurance company for pain and suffering. In other words, in a vacuum, you would be suing yourself for negligence and asking yourself to pay for your medical bills, related costs and pain and suffering. That’s just not how it works.

You can’t sue yourself for negligence, especially because you weren’t negligent, and therefore not liable for your own injuries and their related costs.

If you didn't receive compensation from your mother-in-law's homeowners insurance, then you can sue her personally for your pain and suffering. That is something you likely will not want to do.

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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