If you’ve been injured at the home of a friend or family member, then you might be trying to decide how to pay for your injuries. In these circumstances, you might consider filing a claim against the person’s homeowner’s insurance policy. A homeowner’s insurance policy will usually cover injuries that occur at a person’s home and can also be used to repair damages from natural disasters like floods.
Although most homeowners insure their home, few know what their policy actually entails, or the legal complications that can arise after an injury occurs. To make sure you get the compensation you need after being hurt at someone’s home, it’s important that you learn the ins and outs of your homeowner’s insurance policy.
Read about the complications surrounding homeowner’s insurance and injuries, and find out why you might need help from a South Carolina premises liability attorney.
Liability Coverage for Injuries and Claim Types
When you’ve been injured on someone else’s property and file a claim against their homeowner’s insurance, this is known as a third-party claim — first-party claims are when the homeowner files a claim against their own insurance.
The liability coverage of the homeowner’s insurance should cover every area of your loss. This can include lost wages, medical bills and mental pain/anguish. However, coverage only lasts to the limits of your specific policy. Also, if the injury that occurred on your property results in a lawsuit, the insurance company will pay for the homeowner’s defense.
Let’s say, for example, that the insurance policy in question has a $150,000 liability coverage limit. This means that the maximum amount you can receive when filing your claim is $150,000. If the costs of the injury go above the coverage amount, you will have to pay the further expenses out of pocket or bring a lawsuit against the homeowner.
Some homeowner’s insurance policies contain umbrella coverage for these circumstances, so it’s important to understand the specific policy.
Be Aware of Different Rules
The majority of injuries that occur on a person’s property will happen by accident and will be covered by their insurance policy. Accidental injuries are governed by the legal concept of negligence, and if you’ve decided to bring a lawsuit against you or want to file a claim against their insurance, you will have to prove that it was the negligence of the homeowner that caused their injury.
However, some states do not require proving negligence for certain injuries that happen at a person’s home. Certain states, for example, have ‘strict liability’ rules for dog bites. This means that if you’re bitten by someone’s dog on their property in one of these states, you will not need to prove negligence before filing a third-party claim.
You should also be aware that your homeowner’s insurance will not cover injuries that are caused intentionally. If a homeowner assaults you, you will need to file an injury lawsuit with the help of an injury attorney to receive your just compensation.
Hire an Injury Attorney
Homeowner’s insurance policies are often a lot more complicated than people believe, particularly when it comes to covering injuries. If you’ve suffered an injury in someone’s home and are considering a third-party claim or an injury lawsuit, then you need representation from a premises liability attorney from Harris and Graves, P.A.
Our legal team can examine the facts of your injury and advise whether it’s better to file a personal injury suit or a third-party insurance claim. Schedule a consultation with a Harris and Graves attorney today.