I sustained a disabling injury after a fall on my own property. Can I, in essence, file a claim against my homeowner's insurance policy for bodily injury? I am now unable to work and collect social security. Thank you.
You cannot sue yourself. If you fell as a result of a defect or dangerous condition on the property which was created by some other person, then you may be able to bring a claim against that person. For example, if a railing collapsed on your porch you may be able to sue the contractor who built the porch. If the condition which caused you to be injured was of your making, then you are out of luck.
Yes if you have the right kind of homeowners insurance. It will first look to your medical insurance for those bills. Then depending on your recovery you may have a claim. I'm happy to discuss this with you. My office is in Boston.
Joseph Chancellor, (617) 725-2675
Most likely NO, but you should speak to an attorney directly about the specific facts pertaining to your situation. Generally, an insurance policy does not provide coverage for injuries to an insured. The policy is meant to protect you from claims made against you. Since you cannot "sue" yourself for the injuries suffered from your property, the policy is not likely to provide coverage.
However, the language in policies and the coverage that people have may differ. Speak to an attorney about your specific situation. There may be a cause of action against another, besides you, for your injuries. Many attorneys will offer an initial consultation at no charge.
This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues.
The success of such a claim all depends on the kind of insurance and terms in the policy you purchased. Some such policies have exclusions, others do not, for your own bodily injuries sustained by your own fault.
So.... you might find my Legal Guide helpful "How to Choose A Lawyer For You"
You might find my Legal Guide helpful " What Do I Tell My Lawyer"
You need to have the policy language reviewed so an opinion based on the language can be given to you.
Good luck to you.
God bless. I am in Chicago and do not practice in your state.
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