What are our rights if my husband was doing a roof repair on the second story but the ladder slipped and he fell off the roof?
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What are our rights if my husband was doing a roof repair on the second story but the ladder slipped and he fell off the roof?
He had a compound fracture of his leg and crushed his ankle. He has been in and out of the hospital 3 times. The homeowner called to see how he was doing, and my husband asked him to check with his insurance to see if he could help with the medical bills. State Farm sent him a letter saying that his policy did not cover injuries by contractors. I don’t understand how his insurance company won’t help with this.
Asked on June 18, 2014 under Personal Injury, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Although the homeowner's insurance does not cover a contractor, your husband's recourse is to sue the homeowner because the owner of the property is liable for your husband's injury.
When your husband completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in his medical treatment where no further improvement is anticipated, he should obtain his medical bills, medical reports, and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your husband's injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
Your husband's lawsuit against the homeowner would be based on premises liability.
Your husband's lawsuit must be filed prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.
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