Visitor Question

Hit by a Truck in Attempted Homicide…

Submitted By: Kris (Pennsylvania)

My husband was hit by a truck in an attempt to deliberately kill him on our landlord’s property (in the parking lot of our apartment complex) and suffered severe head trauma with brain damage. I filed a claim with my landlord’s homeowners insurance policy for his injuries. The adjuster stated we have a claim.

He is going to have lasting brain damage. The person who hit him has been charged with attempted homicide among other charges and the trial starts in March. The state of PA honors an act of god for personal injury claims on a homeowners policy.

How can I know what to ask for a settlement as there is no cap in PA regarding PI? What can we do? Thanks.

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.


Dear Kris,

The settlement will depend upon several factors. One is the extent of your husband’s brain injury. The more severe the injury, the higher the settlement amount should be. The next factor will be the amount of homeowners insurance available. The next will be the agreement of the homeowners insurance company to offer an amount of settlement up to, and including, “policy limits”.

Cases which include serious brain damage require the presentation of legitimate and credible medically documented proof. Unless the insurance company is willing to offer policy limits, you should consider seeking the advice and counsel of a personal injury attorney.

There are various types of personal injury attorneys. Some have substantial expertise in specific areas of the law. In your husband’s case, it would be best to seek out several personal injury attorneys with substantial expertise in medical traumatic brain injury cases.

Most personal injury attorneys will not charge for an initial office consultation. Speak with several. You have nothing to lose and everything to gain by doing so.

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: February 5, 2012

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