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A coworkers homeowners insurance is now declaining liablity after i fell from his ladder helping trim his trees?

Mansfield, TX |

A co-worked asked me to help trim trees at his house. He is my father’s age and i feel he took advanatge of my kindness. Cutting the last branch, I was knocked off the ladder - he placed against the tree and said was in the best possible place and broke my upper left arm which i had surgery and a lower vertabra. I had to use my sick leave and vacation (400 plus hours) due to this. The insurance company first claimed liablity after 3 months and now are saying the homeowner wasn't neligant or liable. I am not sure what to do - i have spoken with an attorny and he said he wouldn't take the case since he isn't sure he would win. I am fustrated since I feel I am owned something for lost wages and bot being able to use my left arm for appoximently 5 months. HELP????

Attorney Answers 4


  1. Consult a personal injury attorney ASAP to investigate and advise you.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  2. While the defense will definitely have an argument with regard to your possible contributory negligence this sounds like a case which should be pursued given the gravity of your injuries and the defendants' negligence, e.g., improper placement of the ladder, failure to secure and / or hold the ladder.
    I suggest meeting and interviewing several lawyers in your area. I believe you will find more than one lawyer willing to pursue your case.

    Good Luck,
    Trent

    Any communication through the Avvo site with Portner Bond, PLLC or any individual member of the firm does not establish an attorney-client relationship. Any information given by Portner Bond, PLLC or any individual member of the firm through the Avvo site is general information and should not be relied on as legal advice. Confidential or time-sensitive information should be conducted in person with an attorney.


  3. Handling a claim without a lawyer never goes well. Retain a good personal injury lawyer to recover from the homeowner's carrier.


  4. You should see another lawyer and have the case evaluated. Did the insurance company pay the "med-pay" portion of the policy? Most homeowner's policies have med-pay, usually $2500 or $5000. Med-pay applies regardless of fault to a person injured on the insured premises. This should give you some up front money for out of pocket medical expenses while you are having the case evaluated. Most policies require the bills to be submitted withi one year of the accident.

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