Your Legal Rights at Work

Why It's Okay To File A Personal Injury Claim Against A Family Member

by Lewis Hamilton

If you are injured by a family member, you might be reluctant to file a personal injury claim. You may feel concerned about how this might affect your relationship. However, personal injury claims against family members are actually relatively common and there are reasons why you should consider doing so if you are struggling with crushing debt.

You are Not Necessarily Suing Your Family Member

If you are visiting a family member and you end up injuring yourself, the injuries should be covered by their homeowner's insurance policy. However, if the insurance provider is acting in bad faith by refusing to accept your claim and you take legal action against them, you would actually be suing the insurance provider and not your family member.

If you are concerned about how your family member feels when you are considering taking legal action, you should bring it up with them. You might be surprised to find that they're more concerned with you receiving the compensation you deserve. Their insurance rates will likely go up no matter what as a result of the incident.

When You Cannot Sue

Depending on the state in which you reside, you may only be able to take legal action against a family member under limited circumstances. For example, in some states, you are not allowed to sue your parents unless you were involved in a car accident in which you were injured and your parents were driving. Then, you may take legal action against their auto insurance provider.

If you are able to sue an insurance provider, it's very important that you do so. Not only do you need compensation for your current medical bills, but you will also need to worry about the future medical expenses you might be forced to pay if you need further treatment and rehab. You may also be unable to work and may need compensation for lost wages.

How to Win a Personal Injury Case

You will only be able to win a personal injury case if you are able to prove that your family member was negligent and that the negligence lead to you becoming injured. You must suffer damages as a result of your injury. Typically, damages are when you suffer a financial loss that you can then recover.

You must prove that your damages did not result from another source. Once you are able to prove damages, you may be able to negotiate a settlement out of court with the insurance provider. Contact a personal injury lawyer in your area to discuss your case.