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My son was at a friends house and they got to wrestling around. The friend dropped him on his head brusing his spinal cord.

Olathe, KS |

After surgery and six weeks of pain and suffering he still cant move his left leg and suffers nerve damage pain in both hands. Can he file against his friends homeowners policy?

Attorney Answers 6


  1. You should contact a local personal injury lawyer as soon as possible. You should be able to get some reimbursement from a med-pay provision in the homeowners policy. The strength of your liability claim depends on more detailed information not included in your message.

    This response provides general information only. This answer does not create an attorney-client relationship and it is not intended as legal advice.


  2. There may be a viable claim. Best action is speaking with local and qualified counsel. Do not post anymore facts and do not speak with their homeowners carrier. Speedy recovery.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. Yes. I would immediately consult with a personal injury attorney in your area for a free consultation.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  4. There certainly may be a claim against the friend's homeowner's insurance. We would make claims for past and future medical bills, past and future lost wages, past and future pain, suffering and disability, and for any other consequential damages.

    To pursue a claim we would have to prove that the friend was negligent. A lot of different factors would be be considered including the boys' ages, wrestling experience, supervision, consent to wrestling around, insurance policy limits, etc.

    In Kansas we have something called "comparison of fault". Under this law the amount of money awarded for your son's damages would be reduced by whatever percentage of fault was attributable to him. If he were to be found 50% or more at fault, then the law would take away any recovery.

    Please contact the undersigned if you have any questions regarding any aspect of this case.

    Matt Bretz

    Sent from my iPad because the World is my office.


  5. The prior answers here are pretty good. Be sure to talk to an experienced attorney sooner than later, there could be a statute of limitations as short as 2 years, and the attorney may make all the difference. I'd be happy to discuss further.


  6. You may have a claim, and you certainly may have rights in this situation. However, I would like to have more information through a free consultation that my firm offers because every case is different. Thank you very much.

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