should i file a claim, NH personal injury law

Ossipee, NH Viewed 93 times. Posted 9 months ago in Personal Injury

Should I File A Claim?: Back in Aug. I was checking on my brothers house for him when I slipped on his lawn and broke my leg. I was out of work for 2 months. I went back to work for a little over a month and then was laid off. I belive this was due to the injury and the company got by without me there. I was employed there for over 11 years. My brother didn't want me to file a claim because it might cancel his insurance. Would this be correct? Why bother having insurance in the first place? Now I am in a financial crisis. I have used up all my savings and cashed out my 401K just to make ends meet. Now they are gone. Would the insurance company cancel his policy? What would be the right thing to do in my position? I'd hate to have bad feelings between my brother and I

Answers (3)

George E Meng

This attorney is licensed in Maryland. Posted 9 months ago.

First note that I am not a NH lawyer and the law could be different in your state.

Generally, when an insurance policy is up for renewal, the insurance company will look at claims and evaluate whether they should raise the premium or cancel the policy. So it is theoretically possible that a claim by you would lead to a cancellation of your brother's policy. But, your injuries are such that I don't think that should stop you from making a claim.

Now, whether you can win a claim is another question altogether. If NH law is the same as MD, you will have to prove some responsibility - a duty - on the part of your brother, that he violated that duty and the violation led to your injuries. You don't say why you slipped on his lawn. If it was your fault or you slipped becasue of conditions out of his control like it being wet from rain, I doubt you have a claim you can win.

This is one where you should get a consultation with a personal injury lawyer. You should be able to find one who will not charge for a consultation. Most such lawyers will take a case they think is good on a percentage basis to be paid only if they recover on your claim.

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Peter Robert Stone

This attorney is licensed in California and 1 other state. Posted 9 months ago.

You should make a claim against his homeowners policy. Sometimes there is a no-fault medical payments provision that can help you with 1, 5 or 10,000. In addition there is usually 100,000 of liability or more.

Then the question is what did your bro do that was negligent or caused the injury. To prove that will be your job, and you don't give facts on how you will do that.

Get a local attorney immediately and don't worry about the brother losing his insurance, because you ahve to take care of your injuries.

Peter :)

Kathryn Bridget Johnston

This attorney is licensed in New Hampshire and 1 other state. Posted 9 months ago.

Under NH law, if the cause of your fall was negligence on the part of the homeowner, you may have the right to recover damages for your expenses, as well as for intangible losses such as pain, suffering, and loss of enjoyment of life due to your injuries. However, your question does not provide enough information to determine whether there is any basis to allege, and prove, that your injuries were caused by negligence on the part of the homeowner, your brother.

In addition, and regardless of fault on the part of either the victim or the homeowner, it is possible that the homeowner had an insurance policy containing "medical payments" coverage. If the homeowner had such coverage in effect on the date of your injury, you would be entitled to receive "medical payments" benefits up to the amount of the "medical payments" policy limits, or your medical expenses, which ever is less.

Given the nature of your injury, and the extent of your losses, I strongly urge you to promptly contact an attorney in NH who has experience in prosecuting "premises liability" claims, and who is willing to provide a free, initial consultation to discuss your rights and options. Like every state, NH has limitations on the time period in which a personal injury claim may be pursued. For this reason, I encourage you to contact a NH attorney as soon as possible to protect your rights.