If you’ve lived at your house for years, chances are, you’re pretty good friends with your neighbors. They have you over for dinner. You invite them over for a BBQ. You’ve shared each other’s company for years. So, what happens if you fall and get hurt at your neighbor’s house.? You could trip over a box or fall on the stairs.. You could be sitting on a chair that breaks. You could end up with all kinds of injuries.
The last thing you want to do is file a lawsuit against your neighbor. That could ruin your relationship with them for good. It can also make you look bad in your neighborhood. Nobody wants to associate with someone if they’re afraid they’ll sue them at some point in the future.
The problem is, if you get hurt on someone’s property, you shouldn’t have to pay for your medical care. Nor should you be responsible for your out of pocket expenses. You may have no choice but to file a claim against your neighbor.
If this happens to you, it’s a good idea to contact an experienced personal injury lawyer in Houston. Let your attorney deal with the matter so you don’t have to handle it yourself.
What is Premises Liability?
If you get hurt at your neighbor’s house, you’ll have something called a premises liability claim. This is exactly what it sounds like. You have a claim for an injury that occurred on the premises of a third party.
In cases like this, what you’ll do is file a claim against the neighbor’s homeowner’s insurance policy. If they rent, then you’ll have to file a claim against their landlord’s insurance.
The reason people get homeowner’s insurance is for situations just like this. If you’re lucky, the insurance company will approve your claim. If this is the case, you’ll receive your check in a week or two. However, if your claim is denied, you’ll have no choice but to file a personal injury lawsuit.
Why Would Your Claim Be Denied?
There’s always the chance that your insurance claim could be denied. If this happens, let your Houston personal injury lawyer know. They’ll reach out to the insurance adjuster and find out what the problem is.
Some of the reasons your claim could be denied include:
- They don’t think you were injured
- They don’t think the injury occurred on the homeowner’s property
- The policy is invalid or lapsed for non-payment
- The injury is simply not covered by your neighbor’s policy
- Your damages exceed the policy limits
For most of these reasons, your Houston injury lawyer can appeal your claim. However, if the claim was denied for an invalid policy, there’s nothing your attorney can do. No insurance company is going to pay out on an invalid policy.
Hopefully, your Houston personal injury attorney will be able to negotiate payment for your claim.. If they’re unable to do this, they’ll have no choice but to file a lawsuit on your behalf.
You Will Have to Name Your Neighbor in the Lawsuit
If your claim is denied, you will have to file a personal injury lawsuit. Unfortunately, you will have to name your neighbor in the suit. This is because, if the policy doesn’t cover your damages, you’ll have to get the remainder from your neighbor.
This is when things can get uncomfortable. The insurance company is required to represent your neighbor (or the landlord) in the lawsuit. However, there’s a good chance your neighbor may get their own attorney as well. Especially if there’s a chance that your damages exceed their policy limits.
Your attorney will discuss your options before they file any sort of legal action. They’ll fight hard to get your case settled with the insurance company. The last thing anyone wants to do is file suit. If you really and truly don’t want to proceed with litigation, your lawyer will honor your wishes.
Contact an Experienced Personal Injury Lawyer in Houston
If you get hurt at your neighbor’s house, you need to call a personal injury law firm in Houston. The last thing you want to do is file a lawsuit against your friend or neighbor. However, you do need to make sure your injuries are covered.
Call McDonald Worley today and schedule your free initial consultation. The insurance company will have a lawyer working for them and you should too..