Can You Sue Your Neighbor if You Get Hurt on Their Property?
A lot of people look at their neighbors as friends. They hang out at each other’s house for BBQs and birthday parties. They may even take care of each other’s homes when they go away on vacation. So, it can be really awkward when you get hurt on their property.
The last thing anyone wants to do is make enemies with their neighbors. There’s no quicker way to do that then filing suit against them. But if you get hurt on their property, you have to do something. You can’t be expected to cover your medical bills on your own.
The good news is that you’re not really suing your neighbor. Technically, yes, you will have to file a claim against their homeowner’s policy. But as long as their insurance pays your damages, you won’t have to worry about suing your neighbor personally. However, if your damages exceed their policy limits, you’ll have no choice but to name your neighbors in a personal injury lawsuit.
One way to remove yourself from the situation is to hire a personal injury lawyer in Houston. They’ll deal with the insurance company and their lawyers. They’ll do what they can to keep things from getting personal.
What Kind of Injuries Could You Sustain at Your Neighbor’s House?
You could suffer all sorts of injuries at your neighbor’s house. Also, you could get hurt outside in a swimming pool accident. You could get attacked by their dog while sitting on their porch. Or, you could slip and fall while inside the house.
When you think about it, there’s no limit to the ways in which you can injure yourself. Your accident will more than likely cause physical injuries, including:
- Broken bones
- Traumatic brain injuries
- Back and neck injuries
- Facial disfigurement
All of these will require a trip to the emergency room. In fact, even if you don’t think your injuries are that serious, you need to get medical treatment immediately. This is the only way you can really document your injuries. And, like it or not, you’ll need to do this for your injury claim.
You’re Pursuing Your Neighbor’s Insurance – Not Your Neighbor
A lot of people don’t seek legal recourse for their injuries because they don’t want to ruin their relationship with their neighbors. The good news is that, at first, you won’t have to worry about this. The first thing your Houston personal injury lawyer will do is file a claim against your neighbor’s homeowner’s insurance company.
If the insurance company pays your claim, you won’t have anything to worry about. Sadly, it isn’t always this easy. The insurance adjuster could deny your claim for any number of reasons. Some of these may include:
- They don’t think your injuries were as bad as you claim
- The policy wasn’t valid
- The injury didn’t take place on your neighbor’s property
- The accident or injury is outside the scope of the policy
Your Houston injury attorney will appeal your claim. They’ll also reach out to the insurance adjuster and try to settle your claim. If this isn’t possible, you will have no choice but to file a personal injury lawsuit.
You Will Have to Name Your Neighbor in the Lawsuit
If the insurance company won’t pay your claim, you’ll have no choice but to file suit. You will have to name both the insurance company and your neighbor in the suit. This is in case the insurance doesn’t cover all of your damages.
The whole point of filing suit is to get compensation for your damages. Most premises liability cases don’t involve the kind of damages that would exceed normal policy limits. This means that, for the most part, you won’t actually have to attack your neighbor’s personally.
However, in the rare case where your damages do exceed the policy limits, you need to file suit against your neighbor. If you win your case, you’ll have a judgment against your neighbor. You would have to execute this judgment at some point. Your Houston personal injury lawyer will try to settle this claim so they can avoid this happening.
Contact an Experienced Personal Injury Lawyer in Houston
If you get hurt while on your neighbor’s property, you need to call an experienced personal injury law firm in Houston. Your attorney at McDonald Worley can review your case and let you know what it’s worth. They can also try to settle with the insurance company so you don’t have to file suit against your neighbor.
Call today and schedule your free initial consultation.