Personal Injury Help

Updated on March 09, 2009
S.J. asks from Roseville, MI
12 answers

I dont know what to do. Ive had 3 people tell me I should sue someone who is kind of in a way a friend. I dont even know if I can sue her. But heres what happened...
Last night around 1130pm I arrived at Andreas house with my friend Tina and Jon. Andrea walked us up her cement steps to the front porch and I had Tina behind me. It was kinda dark and I was looking upwards towards Andrea talking to her when I didnt see this huge hole in the last step. So I fell all the way through to my pelvic area with one leg in and one leg out and my arms holding me up on the porch. I didnt brake anything but I did go to the ER and they took xrays and sent me home saying I strained my hips and have contusions on lower extremities. Let me say, IM HURTING!! Not to mention I have Fibromyalgia and im in pain as it is every day! My insurance will cover it but they wont cover paying someone to help me get up and down to take care of my 10 yr old son. If I stand on my leg to make dinner or do dishes I feel a tingly/numb feeling from my feet to my ankle and my let to my lower back get sharp shooting pains. So when I limp its like I get shocked with lightning when I put pressure on my left leg. My right knee has a big bruise, I broke two of my nails, damn it lol, scratch some fingers and my arms are so damn sore. LOL
Now 3 people told me to sue. Can I do that? I thought u had to brake something to sue someone. But I guess not. What should I do? I would feel bad sueing anybody for anything, even if someone ran me over lol.
Any advice ladies??

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So What Happened?

Ok, Let me rephrase that, I was talking about going through her home insurance. Just wanted to clear that up. I talked to my insurance company and everything is paid for, so no worries there. However, I went to the doctors today and he ended up sending me back to the hospital for more x rays because the doc in the ER didnt do his job right. He only took a pic of my rt knee and left hip. I had to go today to get my left ankle, entire pelvis and lower back. As for going through her home owners insurance, how do i do that?

More Answers

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R.Y.

answers from Detroit on

S.,

Wow, what a story! I feel so bad for you, I hope you start to feel better. I can't imagine the type of pain you described!

You should think about filing an insurance claim (property insurance, I think) regarding your medical expenses. People do this all the time, that is one of the reasons why homeowners have insurance, if someone becomes injuried on their property. Maybe you don't need to sue, per se, just file a claim? Not sure, but if you have been hurt, you have to look out for you and your son.

Maybe even explain to your friend that you need to do this, as you need the funds to help care for your son, etc.

And what the hell, I can't beleive she didn't give you a "heads up" regarding the hole!

Good Luck, Thoughts and Prayers to you!!!!!

R. =)

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L.A.

answers from Detroit on

Why sue? Accidents happen. What kind of world is this that people are telling you to sue a friend.

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D.J.

answers from Detroit on

you should talk to andrea her homeowners insurance should cover your hospitol bills and for someone to help you. if she doesnt want to turn in the claim you would have to sue and then her lawyer would tell her to check with the insurance

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D.L.

answers from Detroit on

Hi S.,

You know, I am like you; I really don't really believe in suing people. I guess I may if the situation really warranted it, but it would have to be a really big deal, and I would think it would have to be true neglect or premeditation that precedes the accident.

If I were in your shoes, I would talk openly and honestly with the friend who's house the accident occurred at. In fact, you don't mention whether this "friend" has even inquired about your welfare after said accident. Did she at least offer to help you in any way? In any event, I would speak with her and mention the predicament you're in; not being able to care for yourself, much less your young son. Perhaps you could ask her what she would do in your place.... if at the conclusion of your conversation she doesn't offer up some real help and possible solutions, make mention that some other friends mentioned getting "legal help". That may help turn the tides; but if not, when your friend leaves, call a lawyer.

I really wish you much luck with this awful situation, I know it must be quite difficult to deal with. Oh, and btw, turning 30 getting you down??? Realize you are only a better version of your younger self; I like to think of birthdays as a way of realizing just how much we've accomplished in the time we've been here, AND looking forward to all the great stuff left to do! Happy belated birthday to you~ I also had a b-day in Feb.(10th)and I have achieved 46 yrs. on this great earth ;).

All the best,
Deb

I am married for the 2nd(and last)time and very happy. I'm mom to 4 great "kids"~ 25, 24,22, and my baby~ 16 yr. old. who is the only one left at home.

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N.W.

answers from Detroit on

S.,

I am an attorney-- I do not do plaintiff's work and not much personal injury. But I can tell you a few things... it is very hard to win such a lawsuit and your injuries won't be worth much. Given how made the hole sounds...you may be able to proceed with a lawsuit...but your damages will be small. Contray to the advice given by other moms...you cannot sue her homeowners insurer-- Michigan does not allow it. You must sue the home owner and then generally her insurance company will pay for her defense and any settlement or judgment.

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V.L.

answers from Detroit on

 You should talk to the owner of the house don’t sue them personally..but go after homeowners insurance..the homeowner SHOULD be covered for personal injury...

good luck

K.K.

answers from Detroit on

I think that filing with her homeowners insurance is a good idea. Talk with her about it. Please don't sue - years down the road, when you've recovered from your injuries and the whole thing is a distant memory you'll regret it.

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K.T.

answers from Detroit on

Hi S., my name is K. and I would like to say that I'm saddened to hear of your recent injury. First off....your health is most important...get the care which you need. Keep track of all bills, even 'if' your insurance will cover them for you. Second, all homeowners are required by law (and the mortgage holding companies) to carry what is called 'Personal Injury Coverage' on their home owners insurance policy. (some renters too) I would have a polite conversation with your friend, along with your mom at a neutral place, ie. Mac's or Starbucks for coffee. Explain your concern and ask them about their home owners insurance policy....you might only have to file a 'Claim' and not go through the hardship of a law suit. Your friends might not want to share too much information with you, at least try to get the name of the company which they are insured with and then you or your husband can call and ask how that specific company handles claims. No on wants a law suit....often they do harm and even destroy friendships....however you can pose this incident to them as needing assistance with the health bills....maybe they will agree with that. Third, when their insurance company finds out that the step is in bad or dangerous repair....the company will insist that they, the homeowners have the steps repaired quickly. I trust that my insight is helpful in forming a decision. I will be praying for a quick, pain free recovery for you.

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K.S.

answers from Detroit on

S.,

Maybe instead of suing you should file with her homeowners insurance and they should cover your expenses. That is why homeowners have insurance for accidents that happen on the property. It is a hard situation but suing is the last resort and should not be the first. She might be willing to come and help you out with your son and I see you are at home with your mom so I am sure she will be able to help. People are so quick to sue don't do that - give her a chance to make it right or her insurance to do so.

Hope you feel better

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G.B.

answers from Detroit on

As a daughter & granddaughter of personal injury lawyers, I would strongly advise you NOT TO SUE for something like this. Once the courts & lawyers get involved, you lose control of the process. It was infortunate but it was an ACCIDENT. In live, accidents happen! This is a social acquaintance and, while she was negligent, she meant no harm. Get thru this the best you can. I'd go by the Golden Rule on this - treat her the way you'd want to be treated - and watch where you're stepping more carefully from now on! Sorry you had such a bad experience and are still suffering from it, but suing her won't take any of that away and will only cause a lot of bad feelings and possibly buy you a lot more trouble than you want!

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K.M.

answers from Detroit on

Ok for one if this friend isn't close than I would. Because one you shouldn't have fell in a whole that deep. If they have a whole that deep they need to patch that and they should have warned you before you even stepped. No friend would have not warn you. 2nd of all you should sue them not only for the neglect to tell you but becaus eof your injuries plus it idrupted or could have your fibermialia which if she is a firend she would have known about. You need the financial help especially if you need to pay someone to help you with your child now. 3rd. Think about what would she do if it was her instead of you. I am sorry but if I fall in a whole thats that deep and wasn't warned before I fell I would be flipping out on my firend let alone I would be letting them know if there not willing to help you recover you may need to take action. Good luck!!

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S.B.

answers from Detroit on

Listen to your conscience and don't S.. Would you want a friend to do that to you? I am sorry you are in pain, but this will improve with time, where as a friendship broken like that most likely won't. Good luck.

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