Visitor Question

Fell on Steps and Broke My Foot…

Submitted By: Sally (Wisner, NE, USA)

I was babysitting my grandkids and when the parents got home I went to leave. They don’t have a motion detector light and I missed the last step and broke my foot. They don’t want to pay my emergency room or doctor bills now and because she’s my daughter she said “You won’t sue us.”

I am unemployed and have no way of paying these bills and no one will hire me since I now have a broken foot. Their insurance has not contacted me at all so I don’t think they have turned it in. 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 Sally,

It is unfortunate your family will not assist you at this difficult time. If your daughter and her husband own their home (ownership includes having a mortgage) they should have Homeowners Insurance.

Ask your daughter for the name of her homeowners insurance company. Tell her your intention is not to sue, but to file a claim with the insurance company so you can be reimbursed for your medical injuries, out of pocket expenses, lost wages, and even your pain and suffering.

Because your injuries occurred on your daughter’s premises, the insurance company should not hesitate to help you with these matters. If for any reason the insurance company refuses to reimburse you for these expenses your next option will be to file a lawsuit.

If this becomes necessary you have the option of hiring a Personal Injury Attorney. Personal Injury Attorneys do not charge a fee for an initial office consultation. Speaking with one can allay your fears and anxieties. You will learn your rights and your daughter’s obligations to you.

Unless you were intoxicated or acted in a reckless manner (possibly running, or jumping down the stairs), there shouldn’t be any reason why you won’t be compensated appropriately. The purpose of a homeowners policy is to cover accidents just like the one you had.

You can tell your daughter because she didn’t act negligently doing things such as not having steps, or allowing ice to build up on the steps without de-icing them, your claim will not be held against her, and as such should not adversely affect her policy or premiums.

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: August 23, 2011

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