Asked 4 months ago - Salt Lake City, UTFlag
I broke both heels in 5 places the right one had surgery a plate and 3 screws. I was in the trauma unit in the hospital for 6 days. I now has casts on both feet. I want to find an attorney or at least collect from his homeowners insurance i need help.
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You should look on Avvo for a personal injury attorney in your area. Many will provide a free consultation and often take the case on contingency (no upfront costs). You should also report the incident to the home owners insurance; however, I would recommend not providing a recorded statement until you have consulted/retained an attorney. Best of luck. I hope you heal quickly.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
I am sorry to hear about your fall and the injuries it caused you.
You may have a cause of action to pursue damages, but it will depend on several factors. Who was responsible for the basement stairs? What are the living arrangements and who pays the bills. Let me try to sort through the issues.
First, what are the living arrangements? Do you and your husband pay rent to your uncle? If yes, then you and your husband constitute a “household” and you are tenants of your uncle. If you do not pay rent or barer in anyway, then you a, your husband and his uncle form a single household and you cannot bring a case against a member of your household.
Who was responsible for the stairs? If the uncle owns the house, then your ability to pursue damages against him will depend on the questions about household formation. If you rent, then the landlord is responsible for the basement stairs and you may be able to pursue a case against the landlord.
If you are tenants of the uncle or you are all tenants of a landlord, then you might be able to pursue a case. You will need to prove that the property owner was liable for causing your fall and that you suffered substantial damages. It is clear from the description of your injuries, that you have suffered serious damages as a result of this incident.
To prove liability, you will need to show that the property owner knew about the problem with the stairs or should have known. It should be a simple argument to make since if you put out a stairs, you are telling people that the stairs is safe to use. The property owner failed to either construct the stairs properly or to maintain it.
I suggest that you consult with a local personal injury attorney. Look for someone with experience handling stairway cases. The consultation should be free.
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