If you’re like many individuals who value spending time with friends, unfortunate incidents such as sustaining injuries at their residence may necessitate considering legal action. Engaging the services of a McDonough personal injury lawyer that can assist you in pursuing compensation for your injuries.
Filing a Lawsuit Against Friends Is Not Something Anyone Desires to Do.
We understand that the thought of suing a friend is something no one wishes to entertain. It can strain relationships and create tension. However, in situations where you sustain an injury on someone else’s property, such as your friend’s, there are potential avenues for compensation that may not be as detrimental as initially perceived.
In McDonough, for example, homeowner’s insurance policies typically provide coverage for medical expenses in the event of injuries that occur on the insured property. Even if your friend doesn’t own the property, the landlord is often required to carry insurance that includes coverage for such incidents. Exploring these options can help address your medical bills without necessarily jeopardizing your friendship.
It Is Highly Probable That Your Case Can Be Successfully Resolved Through a Settlement With the Insurance Company.
If you have reservations about taking legal action against your close friend, it’s important to be aware of a few key points. In all likelihood, your McDonough personal injury attorney will strive to reach a settlement in your lawsuit. Insurance companies typically prefer to avoid costly legal battles and are often willing to negotiate.
When your attorney initiates the claim process, they will make contact with the insurance adjuster. Right from the beginning, their objective will be to negotiate a settlement for your claim. This approach aims to alleviate the need for filing a lawsuit against anyone involved, easing potential concerns for you.
If Your McDonough Injury Attorney Decides to File a Lawsuit Against Your Friend, They Will Not Be Required to Make Any Out-Of-Pocket Payments.
It’s crucial to understand that if you decide to file a lawsuit, your friend will most likely not have to pay anything out of their own pocket. Although your McDonough personal injury lawyer will need to include them as a named party in the suit, your friend’s insurance carrier will be responsible for their representation in the legal proceedings.
In Georgia, it is generally not permitted to directly sue the defendant’s insurance carrier, unless the case involves a common carrier, such as a bus driver. However, the insurance company is typically obligated to defend the homeowner and handle all legal matters related to the lawsuit.
What Type of Injuries Did You Sustain?
The possibility of suing your friend for damages depends on the specific circumstances surrounding your injury. If your injury occurred due to an unsafe condition on their property, it may be a valid case. However, if the injury resulted from engaging in playful or rough activities, the situation may be different.
Premises liability laws provide clarity in such cases. Your McDonough injury attorney will need to establish that the defendant or their property caused your injuries. If the defendant can demonstrate that your own actions contributed to the injuries, they may not be held accountable.
Did You Sustain an Injury Caused by an Object or Someone While You Were at Your Friend’s House?
If you suffered an injury at your friend’s house due to their failure to maintain a safe and clean environment, you should generally have a reasonable chance of seeking compensation for damages. For instance, if you tripped and fell because of a torn carpet, your friend would likely be considered responsible for the incident.
If your McDonough injury attorney is unable to establish the presence of an unsafe condition, it can significantly impact your ability to prove liability. Your lawyer will need to thoroughly investigate the area where your injury occurred. That’s why it is crucial to take photographs promptly after the accident, as they can serve as valuable evidence in supporting your claim.
Were You Impaired by Drugs or Alcohol During the Time of the Accident?
In the event that you were attending a social gathering or party at your friend’s house, it is possible that you consumed alcoholic beverages. If the defendant’s lawyer can provide evidence that you were under the influence of alcohol during the time of your injury, it may negatively impact your case.
Consequently, the defendant may argue that you bear partial responsibility for your injuries. Fortunately, Georgia operates under a modified comparative fault rule, which allows plaintiffs to seek damages as long as their degree of fault is below 50%.
Your McDonough Personal Injury Attorney Will Initiate a Claim With the Homeowner’s Insurance Company of Your Friend.
During your initial consultation with your McDonough personal injury lawyer, you will have the opportunity to provide details about the incident. Rather than immediately suggesting a lawsuit against your friend, they will assist you in filing a claim with your friend’s insurance company.
Typically, if the claim is of a smaller magnitude, the insurance company tends to settle it by providing compensation. However, in cases where the claim is substantial or there are doubts about the circumstances of the injuries, the insurance company may choose to deny the claim.
If Your Claim Is Successfully Resolved and Compensation Is Received, There Is No Need for Concern.
Certainly, if the insurance company approves and pays your claim, there is no need for additional action on your part. Having a McDonough personal injury attorney representing you can increase the likelihood of your claim being approved.
Without the assistance of a qualified injury attorney, the insurance adjuster may attempt to exploit the situation. They might deny your claim entirely or only offer partial payment, potentially taking advantage of your lack of legal representation.
If Your Claim Is Rejected, Your McDonough Personal Injury Attorney Will Need To Initiate a Lawsuit.
Once you file your claim and it is denied, your McDonough personal injury lawyer will review the letter of denial to understand the specific reasons provided. The approach they take in the appeal process will depend on the grounds for the denial.
If it appears that your claim has a strong basis and is valid, your attorney may be inclined to proceed with legal action to seek the compensation you deserve. However, if it seems that your claim lacks merit, your lawyer will be transparent and straightforward in communicating this to you.
To Make the Best Decision in Your Situation, It Is Highly Recommended That You Consult With a Knowledgeable Personal Injury Lawyer in McDonough.
If you have sustained an injury on someone else’s property, we encourage you to reach out to our office. Our team of experienced personal injury lawyers in McDonough provides a free initial consultation for clients. You can schedule a meeting with a skilled McDonough personal injury attorney without any cost or obligation.
While you may hesitate to take legal action against your friend or neighbor, it’s important to remember that the focus is on pursuing their insurance carrier rather than targeting them personally. There is a high probability that your friend will not have to bear any financial burden in this process.
