Visitor Question

Injury Claim Denied by Insurance Company…

Submitted By: Dianne (Warner Robins, GA)

I was visiting a friend’s lake house for the first time and had just arrived. I walked on the concrete boat ramp to view the water when I slipped and fell and could not get my balance. I just kept sliding until I ended up in the water. I had two deep cuts on the top of my foot as well as my knee and left hand. My foot wound became infected.

My doctor tried to treat the infection in his office and put me on several antibiotics, but it did not help. The infection only got worse. By this time the infection had spread to the nerve in my foot and down to the bone.

I had to be hospitalized for four days. I was also out of work for a month and a half due to going to outpatient rehab at the wound center. I filed a personal injury claim on this man’s homeowners insurance and got denied. My medicals are already over ten thousand dollars. What can I do?

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 Dianne,

At this point your only alternative is to retain a qualified personal injury attorney or for you to personally file a lawsuit against your friend.

Regrettably when filing a lawsuit you do not file the lawsuit against the insurance company, but instead you must file the lawsuit against your friend. That can be difficult to do, but whether you file suit or your attorney does it for you, your friend will be the one the sheriff or constable will serve with the lawsuit.

Before deciding to file a lawsuit you might consider talking with your friend first and explain to him that his homeowners insurance company denied your legitimate claim. As a result, and because of your serious injuries and resulting medical treatment you have no alternative but to file suit.

That may prompt him to intercede with his insurance company. If he hasn’t already done so he should contact his insurance company and support your version of the facts. His input can be very helpful in the development of, and the eventual compensation for, your personal injury claim.

Hopefully his input will result in his insurance company’s decision to compensate you fully for your medical treatment, lost wages, out of pocket expenses, and the pain and suffering you’ve endured since your injury.

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 13, 2011

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