What to Do If You Sustain an Injury at a Friend’s House
Injured at a friend’s house? This can be a tricky situation, but there are a few things that you should do to protect your personal liability. If the injury was caused by negligence on the part of the homeowner, you may need to consult a personal injury attorney. At Avera and Smith, our team of Gainesville lawyers are experienced in personal injury law and will help determine if you have a case and will be by your side throughout the entire legal process. Keep reading to find out what to do if you’re injured at a friend’s house, including when to seek the advice of an accident attorney.
Can I Sue If I Am Hurt at Someone’s House?
If you’re ever hurt while visiting a friend’s home, your first thought may be to brush it off and pretend you’re fine. However, you may be able to receive compensation for your injury, which can help in your recovery.
What to Do First
If you are seriously injured, first and foremost seek medical attention. Then once you are able, document your injuries and the surroundings in which your injury occurred. Note the following:
- Document the location on the property where you were injured, including address and name of homeowner or landlord, as well as any witnesses.
- Photograph the presumed cause of your injury, whether faulty stairs, loose tiles, etc.
- Compile medical records from your injury, including bills and receipts.
- Take photos of the injury itself.
- Provide proof of income that may be lost if you are unable to work due to your injury.
Serious accidents, or injuries that have a significant personal or financial cost, may require a personal injury lawyer.
Premises Liability Claims
If you are hurt on someone else’s property, you may be eligible for premises liability claims. Premises liability occurs when a negligent homeowner or property owner fails to act on things that could have prevented your injury. This includes the following:
- Lack of property maintenance, such as faulty stairs, light fixtures or appliances.
- Hazards that cause slips and falls.
- Unrestrained dogs.
- Poor security, such as faulty locks that allow a break in.
Homeowner’s Insurance
If your friend has homeowner’s insurance with liability coverage, injury or accident claims are covered under ‘third party’ claims. Under the policy, the insurance company compensates the injured person with an amount up to or equal to the maximum amount covered. Most claims are for less than the policy limits, but if the amount does exceed the policy limit, the homeowner may be responsible for the remaining amount.
If you decide to file a lawsuit, your personal injury attorney will help you navigate the process. This will be very helpful as the homeowner may be afforded a lawyer with their policy in order to protect the homeowner’s rights.
Filing a Personal Injury Claim
While it’s good practice to hire an accident attorney right away so that you can ensure your rights are protected, it may help to ask for compensation directly from your friend. If you have a personal injury attorney, consult with them before speaking with your friend. Pre-suit mediation is also an option that can help alleviate the escalation to a claim (lawsuit). If you decide to file a lawsuit, your personal injury lawyer will help you navigate the process, including filing the paperwork and not missing important deadlines.
It’s important to remember here that you are not filing a lawsuit against your friend – rather you are filing it with their insurance company.
Accidents on Rental Properties
If your injury occurs on a rental property and your friend has renters insurance, the renters insurance liability should cover your claim in much the same way as homeowners insurance covers it. You also have the option to file a personal injury lawsuit against the landlord to receive compensation.
If your friend does not have renters insurance but it is required in their lease, your friend may be at fault and may be required to pay you compensation.
As with lawsuits against homeowners, your personal injury lawyer will help you establish any negligence and premises liability and help you navigate the legal process while protecting your rights.
When to Seek Legal Advice
If you are injured at a friend’s house, whether they are the homeowner or if they are renting the property from a landlord, it’s a good idea to seek legal advice right away. Seeking legal advice does not commit you to suing your friend; instead, it makes the process easier to navigate if you should require compensation to assist in your recovery.
If you’ve been injured at a friend’s house, contact our team of accident attorneys in Gainesville at Avera & Smith. We’re here for you.