Personal Injury Compensation for Being Shot?

by Anonymous

My son was shot in his legs when a gun accidentally discharged by a family friend in their home. Their home owners policy has $100,000 limit which won't even cover medical expenses.

Is he entitled to additional payment by the insurance company? Is there anything else he can do to pursue compensation? Thanks for any info you can give.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Personal Injury Compensation for Being Shot?":

Unfortunately, your options are limited. When a person is an “invitee,” or a person invited into another’s home, and that person is injured (with very few exceptions – criminal activity, self-inflicted wounds), the injured party can seek compensation through the Homeowner’s Policy. In your son’s case because the medical expenses far exceed the homeowner’s policy limits there are few options.

You can file against the homeowner and if successful can be awarded much of what she owns. Because the facts you present do not mention the state in which the injury occurred it would be impossible for us to tell you which of the homeowner’s assets are subject to a lawsuit lien.

For example, in the State of New York if one were to prevail in a lawsuit against a homeowner the losing party’s home may be subject to a lien. In the State of Texas it is just the opposite. There the law protects a homeowner against similar liens.

Regardless of the amount of a lien awarded to a person who prevails in a lawsuit in Texas the prevailing party can not place a lien on the losing party’s home. The only exceptions would be the IRS and the banking entities which provided the mortgage.

You should check the state laws regarding property liens in your state. If the laws in your state provide for the seizure of assets, including one’s home, you would have to decide if you want to sue the person, and if so you would then have to decide (if you win) if you are prepared to take away the losing party’s home.

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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