Visitor Question

Injured moving hay bales on my mother’s property…

Submitted By: Jesse (Buckeye, Arizona)

My son feeds the horses in the morning before he goes riding.

This particular day he did not, so I had to do it.

We had just recently had a “roadsider” (~80 bales) of hay delivered.

In order to get at the next bale, I had to climb up onto the stacked pile.

Once on top, I was attempting to push a bale off of the edge when my foot fell through the gap between bales and I broke my foot in several places.

I was already off of work due to a surgery and was scheduled to go back to work on a specific date.

This injury lengthened that time off of work without pay.

My mother subsequently kicked me and my two children out of her house with nowhere to go.

Can I sue her insurance company for the injury and time off of work? Is there any other entity where I can seek compensation for this injury? 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 Jesse,

Jesse (Buckeye, Arizona:

You likely won’t have to sue anyone. From the facts you present it appears you have the basis of a legitimate personal injury claim against your mother. Hopefully your mother carries property or homeowner’s insurance. If so, the insurance company will handle your claim.

Your injuries are serious. Some injures like sprains, strains, minor cuts and bruises, etc. (referred to as “soft tissue” injuries), can normally be handled without an attorney. More serious “hard injuries” like broken bones, deep cuts, scarring, head trauma, and the like should always be handled by experience personal injury lawyer.

Instead of a confrontation with your mother, retain a personal injury attorney. Your attorney will be able to ascertain whether your mother carries insurance, and if so, the insurance company’s contact information. From there, your attorney will be able to eventually settle your claim. In the unlikely event the insurance company won’t cooperate, your attorney can always file a lawsuit.

In the interim, seek the medical care you need. Make copies of all your medical records, medical bills, receipts for out of pocket expenses like prescriptions and over the counter medications. Because you aren’t working, you won’t be able to make a claim for lost wages.

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: November 23, 2013

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