Visitor Question

Face and body injury from fall on driveway…

Submitted By: Rhonda (San Antonio , TX)

Monday I was returning from the grocery store with both arms holding my purchases. I walked up the steep driveway which has a 2″ drop. It was dark outside and there were no outside lights on. I fell and hurt myself.

A friend helped me with ice packs for my face. I hit the bridge of my nose, resulting in two severe black eyes and hurt my forehead over my right eye. I’m bruised on the right side of my body. I don’t have health insurance and have been documenting with photos and several witnesses. The homeowner suggested that I sue him. Is that correct? What are my options here? 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 Rhonda,

It may not be necessary to sue the homeowner. When homeowners insurance exists, the liability provision of the policy will cover injury claims. A person injured on the property may file a Third party claim. This is to be distinguished from a First party claim in which a homeowner seeks compensation from his or her own homeowners insurance company for losses, such as fire and water damage.

The liability coverage of the homeowner’s insurance should cover your damages, including medical bills, out-of-pocket expenses (such as medications, costs of travel to treatment, slings, crutches, etc.), lost wages (if applicable), and pain and suffering.

Continue to seek medical attention until you are fully healed, or until your physician says you have reached a level of maximum medical improvement, where further medical treatment will not substantially improve your condition.

Ask the homeowner for his or her insurance company’s contact information and policy number. Contact the insurance company and tell them you want to file an injury claim. You will be referred to a claims adjuster. The adjuster will take your information and ask for a statement.

Explain what occurred and whether or not you have been under medical treatment. Tell the truth and cooperate with the adjuster. Be sure to review this article on giving recorded statements. The claim adjuster will likely authorize reimbursement for your damages.

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 19, 2017

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