If you’re like most people, you enjoy spending time with your friends. However, if you happen to get hurt while at their house, you may need to pursue a legal claim. Your Roswell personal injury lawyer can help get you compensation for your injuries.
Nobody Wants to File a Lawsuit Against Their Friends
Your Roswell injury attorney completely understands that you don’t want to sue your friend. Nobody would want to do that. It’s a good way to end a friendship. However, it may not be as bad as you think.
When you’re hurt on someone else’s property, their homeowner’s insurance policy should cover your medical bills. Even if they don’t own their home, their landlord is required to carry insurance for things like this.
There’s a Good Chance Your Case Will Be Settled with the Insurance Company
If you are leery about suing your best friend, there are a few things you should know. Your Roswell injury attorney is more than likely going to settle your lawsuit. The insurance company isn’t going to want to spend thousands of dollars to fight your claim.
When your attorney first files your claim, they will reach out to the insurance adjuster. From the start, they will try to negotiate a settlement of your claim. This way, you won’t have to worry about filing a suit against anybody.
Even if Your Roswell Injury Attorney Sues Your Friend, They Won’t Have to Pay Out of Pocket
What you also need to understand is that, even if you file suit, your friend will probably not have to pay a dime. Your Roswell personal injury lawyer will need to name them in the suit. But your friend’s insurance carrier will have to represent them in the lawsuit.
In Georgia, you can’t directly sue the defendant’s insurance carrier. The only time you can do this is if you’re hurt by a common carrier, such as a bus driver. However, the insurance company is usually required to defend the homeowner.
What Kind of Injuries Did You Suffer?
Whether you can sue your friend for damages will depend on the nature of your injury. If you were injured because they had an unsafe condition on their property, that is one thing. However, if you were hurt because you were fooling around or roughhousing, it’s a different story.
The law regarding premises liability is pretty clear. Your Roswell injury attorney will have to prove that the defendant (or their property) caused your injuries. If the defendant can show that you contributed to your injuries, they may not be held responsible.
Were You Hurt by Something or Somebody in Your Friend’s House?
If you were injured at your friend’s house because they didn’t keep it safe or clean, you shouldn’t have a problem collecting damages. For example, if their carpet was torn and you tripped and fell, they would likely be held responsible
If your Roswell injury attorney can’t prove that an unsafe condition existed, you may have a much harder time proving liability. Your lawyer will have to examine the area where you got hurt. This is why it’s important to take pictures immediately after your accident.
Were You Under the Influence of Drugs or Alcohol at the Time of Your Accident?
If you were at your friend’s house for a party of some sort, you may have been drinking cocktails. If the defendant’s lawyer can prove that you were under the influence of alcohol at the time of your injury, it will hurt your case.
What will happen is the defendant will argue that you were partially at fault for your injuries. The good news is that Georgia follows a modified comparative fault rule. Georgia allows plaintiffs to demand damages as long as they are less than 50% at fault.
Your Roswell Personal Injury Lawyer Will File a Claim with Your Friend’s Homeowner’s Insurance Company
When you first meet with your Roswell personal injury lawyer, you’ll have a chance to tell them what happened. Before they encourage you to sue your friend, they would help you file your claim against your friend’s insurance company.
Normally, if your claim is small, the insurance company will typically pay it. However, if your claim is large, or they don’t believe your injuries took place the way you said they did, they may deny it.
If Your Claim is Paid, You Have Nothing to Worry About
Of course, if the insurance company pays your claim, you won’t need to take further action. The odds of your claim being approved may be higher when the insurance adjuster sees you have an attorney.
If you don’t have a Roswell injury attorney handling your claim, the insurance adjuster may try to take advantage of you. They may deny your claim outright or only approve partial payment.
If Your Claim is Denied, Your Roswell Injury Attorney Will Have to File Suit
If you file your claim and it is denied, your Roswell personal injury lawyer will need to see your letter of denial. The way they approach your appeal will depend on the reason for the denial.
If it appears that your claim is valid, your attorney may be willing to pursue legal action. If, however, it doesn’t seem that your claim has merit, they will be upfront and honest with you.
Your Best Option is to Talk to an Experienced Roswell Personal Injury Lawyer
If you were injured while on someone else’s property, contact our office. Our Roswell personal injury lawyers offer clients a free, initial consultation. You can come into the office and sit down with a seasoned Roswell injury attorney free of charge.
You may not want to file legal action against your friend or neighbor. However, you need to remember that you aren’t really pursuing your friend. You’re pursuing their insurance carrier. There’s a good chance your friend won’t have to pay a dime. #WeinsteinWin!