The holidays are upon us, and chances are you have found yourself, on more than one occasion, a guest in a friend’s home.

christmas-porchYou are having a great time, catching up with old friends and gorging on appetizers. The evening winds down and you put on your coat and head out to your car, not noticing the patch of ice on the walkway. You slip. You fall. You break your ankle and need to go to the hospital where they run all kinds of tests, set your injury, and keep you overnight for observation. A week later, while still out of work recovering, you get the bill in the mail. A very expensive bill that you cannot afford to pay out of pocket. Before panic sets in, consult with a Missouri personal injury attorney. Your accident is referred to as a premises liability, and your friend, or rather their insurance company, may be responsible for paying your expenses.

Who Pays For the Medical Bill?

Now no one wants to be the guy that took their buddy to court for a broken ankle, but you need to understand that in all likelihood they will never see the inside of the courtroom. In fact, you are technically not suing him, but rather, his insurance company. And that’s really the reason why he has homeowner’s insurance in the first place, to cover himself from this type of claim. So don’t feel bad about taking advantage of it. He knew that ice accumulated on his walkway and he did not fix the problem or warn you of it. And now you’re laid up at home missing out on the Super Bowl Sunday party.

Your first step is to retain a Missouri personal injury attorney to review your case. In a premises liability lawsuit, you have to be able to show that the defendant was aware of the hazard and made no attempt to warn you about it. Any witnesses to the accident will be beneficial. You will also need to supply your attorney with copies of your medical bills and note which ones are still unpaid. If collection proceedings have been started your attorney can negotiate with them using the pending lawsuit as leverage.

An Outside Staircase With No Handrail

A Missouri woman accumulated $60,000 in medical expenses after falling fifteen feet off of an outside staircase at a friends’ home. The staircase was not equipped with a handrail, and her friend gave no warning of the potential danger. Upon review of the medical bills and records of the plaintiff, the insurance company agreed to settle the case for $137,500. The extent of her injuries plus loss of wages from her time spent in the hospital were both factored into the amount.

Help to Recover Expenses

It may sound malicious to you to file a claim against someone you normally enjoy spending time with, but there is no reason why you should have to shoulder the burden of that type of debt if they are insured properly. While homeowners do not anticipate these types of accidents, their insurance policy plans for them. If you find yourself laid up this holiday season due to an accident in some ones home, ask a Missouri personal injury attorney what they can do to help you recover the expenses.

Photo credit:  Lauren Satzjer

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