If I fell and hit my head at my friend’s home and I haven’t been the same since, what is my legal recourse?

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If I fell and hit my head at my friend’s home and I haven’t been the same since, what is my legal recourse?

I was helping him build his home and fell and hit the side of my head hard. I went to the doctor’s office a few days later. He said that it was bad. I have headacks and trouble seeing clearly.

Asked on June 10, 2017 under Personal Injury, California

Answers:

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

Answered 3 years ago | Contributor

Notify your friend's homeowner's insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your 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 document your injuries and are 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.
If the case is settled with the homeowners insurance carrier, NO lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit against your friend based on premises liability. As the property owner, he is liable for your injury.
If the case is NOT settled, your lawsuit against your friend must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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