What to do if I was doing some work for a friend on his barn and accidently fell off an 8′ scaffolding?

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What to do if I was doing some work for a friend on his barn and accidently fell off an 8′ scaffolding?

I am on Medicare. If they don’t cover his should his homeowner’s insurance cover it? I was taken to the hospital by ambulance, X-rayed ,checked out for a head wound. I was then sent by ambulance to another hospital about 40 miles away where I spent the night an was released the next day.

Asked on May 20, 2012 under Personal Injury, California

Answers:

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

Answered 9 years ago | Contributor

Your friend's homeowner's insurance policy may be applicable.  Since you completed your medical treatment and were released by the doctor, obtain your medical bills, medical reports, and if applicable documentation of wage loss.  Your personal injury claim filed with your friend's homeowner's insurance carrier should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your 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.  If the case is settled with your friend's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from your friend's insurance carrier, reject the settlement offers and file a lawsuit against your friend based on premises liability.  If the case is NOT settled with your friend's insurance carrier, you will need to file your lawsuit against your friend prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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