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It’s hard enough when your child is injured, but it can be also incredibly awkward and uncomfortable when the injury happens at their friend’s house. Who’s responsible in this situation, if anyone, and what are your legal rights and responsibilities? Understanding your role in this situation is crucial to obtaining the best outcome.
In This Post:
Report Every Injury
No matter how small or insignificant it may be, it’s important to always report the injury at the time that it happened. If you decide to forego treatment initially, only to seek damages at a later time for any complications, it can be almost impossible to gain any kind of financial leverage. The insurance company will hire a defense team who will argue that the time between the injury and treatment means that another injury could have occurred, making them not responsible.
Talk to a Personal Injury Lawyer
Beyond simply understanding your legal rights, a personal injury lawyer, like those at Bangel, Bangel, & Bangel, are trained in this specific type of litigation, and can help you and the homeowner navigate through these uncertain waters, possibly keeping the whole thing out of court in the first place.
Never Agree to an Informal “Understanding”
Most likely, the people that own the home your child was injured in will try to reach some kind of settlement, whereby they pay for some of the hospital bills. While this may be a tempting offer, primarily to save a relationship, resist the feeling to settle now as it may bar you from collecting damages at some point in the future. Furthermore, you don’t know how serious the injury may be down the road, which means making a handshake agreement now could mean you’re on the hook for the majority of the treatments.
Contact Their Homeowner’s Insurance Agent
In many cases, homeowner’s insurance will cover the cost of the treatment, and possibly even any medical supplies or medication that may be needed during the duration of the injury. The principle is the same as if the injury occurred in a car accident: insurance would cover not only the cost of the repairs but also a personal injury claim as well.
The resistance the homeowner may be feeling is totally natural; after all, your child got injured at their house, which means they’re responsible. Once the person understands that it’s not them you are filing a claim against, but their insurance company, most of the tension is gone. A relationship can stay intact despite an event like this.