If I am injured at someone’s home as a result of their apparent negligence, what are my rights?

UPDATED: Oct 24, 2011

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If I am injured at someone’s home as a result of their apparent negligence, what are my rights?

I recently fell at my in-laws. As a result I have sprained my ankle badly and may be unable to work. I fell due to put my foot down on a floor that they knew to be rotten and had covered with another unsafe, spongy and movable flooring surface. I know my health insurance is unlikely to cover my medical costs and I am worried about missing work.

Asked on October 24, 2011 under Personal Injury, Pennsylvania


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The property owner is liable for your injury.  You could file a personal injury claim with their homeowner's insurance carrier.  Verify that the insurance is accepting liability before incurring huge medical bills. 

When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of any wage loss.  Your personal injury claim will consist of these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file your lawsuit for negligence against the homeowner.  If the case is settled with the insurance company, NO lawsuit is filed.  If the case is NOT settled, you will need to file your lawsuit for negligence against the homeowner prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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