Injured on Someone Else’s Property? Answers to Common Concerns

Were you injured while at someone else’s house or due to their negligent actions? If you know the person, the additional emotional component of this case makes getting the compensation and medical care you deserve even more difficult. Should you sue for damages or file a claim? What if the case isn't as clear as you would like? Will it damage that person’s finances? If you know them, will it damage your relationship? 



To help you make the right decision for your particular circumstances, read on to discover a few answers to some of the most common questions someone might have when injured on someone else’s property or due to their actions. 

Should You File a Claim?

The first decision most people make after an injury in a vehicle or on a piece of property is whether or not they should file an insurance claim. In most cases, you probably should.

Why? Personal injuries are often hard to identify completely by the average person when they are first injured. And the longer the period between the accident and when you pursue legal help, the lower your chances of getting what you need because the case becomes less clear-cut. 

If you know the person, filing a claim with the insurance carrier may make things easier because they won't feel obligated to try to cover your costs themselves. However, most cases involve a business as the negligent actor and it is important start the process early to preserve evidence. 

Will Your Health Insurance Cover Injuries?

If you have health insurance, you likely do have protection for at least some of the cost if you're injured at any location. In fact, even if you do file a personal injury claim, your own health insurance or other personal coverage will likely be the first party to cover treatment and recovery in any case. 

However, your health insurance will likely want to recoup any medical expenses it paid should you recover from the at-fault party. This process is known as subrogation. The health insurer will place a lien against the proceeds of any recovery. This is a complicated process and it’s important to know all your legal rights and obligations. 

Who Will You be Suing?

No one likes the idea of suing someone, and this holds many people back from pursuing damages they deserve to receive. Florida’s Non-Joinder statute states you must sue the negligent party directly and not their insurance company. However, the insurance company generally is the one controlling the defense and the ultimate the one paying claim..

What if they don't have insurance or their insurance is insufficient? If insurance isn't available, your own medical insurance will likely still cover as much as possible. There may also be other parties at fault, such as landlords or vendors, from whom you can receive compensation. 

Where Should You Start?

If you were injured in a situation on someone else’s property, you will need to balance personal feelings about filing a claim or lawsuit with financial and medical realities. The most important thing is to get the help you need and deserve — a move that may necessitate suing the individual or business. And this often requires moving fast and retaining the legal help you also need. 

Start by learning more with a free consultation with Jeeves Law Group. We'll assess your case and help you decide what the right next steps are. Call today for a free consultation and get answers to any of your questions.