Can I file on a person’s home owner’s insurance if my child was injured at their home?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I file on a person’s home owner’s insurance if my child was injured at their home?

My son was at a classmates house and he was shot with a shotgun by the classmate.

Asked on December 4, 2016 under Personal Injury, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since your son was injured on the owner's property, you can file a personal injury claim on behalf of your son with the homeowner's insurance carrier.
Notify the homeowner's insurance carrier in writing of your son's personal injury claim.  When your son 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, obtain your son's medical bills and medical reports.  Your son's personal injury claim filed with the homeowner's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your  son's injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the homeowner's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the homeowner's insurance carrier, reject the settlement offers and file a lawsuit against the homeowner based on premises liability.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.
If the case is NOT settled, the lawsuit on behalf of your son must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.
Separate and independent of the civil case discussed above, you should file criminal charges against the homeowner and his kid.  The homeowner could be charged with reckless endangerment for not securing the shotgun and keeping it out of his kid's hands.  Depending on the facts, if the kid intentionally shot your son, he/she could be charged with attempted murder or a lesser charge such as assault with a deadly weapon.  If the shooting was accidental, the kid could be charged with reckless endangerment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption