Many property-related accidents happen in businesses or public buildings, but a surprising number happen in people’s homes. More than one person has visited their neighbor with a casserole in hand only to end up in the back of an ambulance after suffering a serious accident. Some common accidents include slip and falls, electrocution, or dog attacks. Whatever happened, you are now dealing with crippling pain and the expense of medical care.
The good news is that your neighbor’s homeowner’s insurance will possibly cover an accident. That means you can request compensation, and the insurance policy should pay for damages. Call Ball, Kirk & Holm, P.C., to find out more. A Des Moines personal injury lawyer can request applicable insurance policies and analyze the language to check whether your accident is covered.
Liability Coverage and Homeowner’s Insurance
Most people purchase homeowner’s insurance to protect from fire and storm damage. A major storm can damage the home, and insurance will kick in to pay for repairs. However, most homeowners’ policies have a liability coverage component. Liability coverage applies when someone is injured on the property, usually by a defect or hidden hazard.
For example, you might visit a neighbor and:
- Fall in the driveway or while crossing their lawn due to ice, holes in the ground, or other hazards.
- Fall down the steps due to ice or snow build up or because the steps are rickety.
- Get bitten by a dog on the property.
- Be electrocuted by a malfunctioning appliance.
These are common accidents which are usually covered by homeowner’s insurance liability coverage. Reach out to an experienced lawyer to see if you might have a claim.
What Compensation Will Homeowners Pay?
If you can make a claim, then you can seek compensation for bodily injuries, including:
- Medical bills to pay for treatment, painkillers, and rehabilitation or physical therapy;
- Other economic losses related to the accident, such as lost income;
- Any property damage, such as a pet mauled in a dog attack or a phone smashed in a fall;
- Pain and suffering.
Comparative fault also applies to accidents on private property. If you are mostly at fault for the accident, you won’t be able to make a claim under Iowa law. (Iowa Code § 668.3.) Any lesser share of fault will cut into what compensation you can request from the homeowner. But you should be able to receive something.
Do You Need a Lawyer for a Personal Injury Claim?
Yes. Insurance companies do not freely hand out settlements to people injured due to some hazard or defect on the property. This is true of homeowner’s insurance companies. They are always looking for fraudulent claims, and sometimes they reject even valid injury claims.
An experienced lawyer can gather sufficient evidence to make your case. We need to document whatever it was that injured you. This documentation can take the form of photographs or video, or else witness testimony. You should also visit the hospital or doctor soon after the accident to begin documenting the severity of your injuries.
Experience with Homeowner’s Insurance
Our firm has brought many premises liability claims for people injured in slip and falls, trip and falls, dog attacks, and electrocution accidents on private property. We know the important moving parts of insurance coverage and how they impact a case.
One issue is the coverage limit. This is the maximum amount the policy will pay out to a victim. Most homeowners insurance policies have at least $100,000 for liability coverage, although many go up to $300,000 or more. That is usually enough to cover most injuries.
However, insurers want a lot of proof of your losses. They are especially skeptical of pain and suffering claims. It is easy for someone to allege they can’t sleep due to pain, but we work with clients to back up their claims.
Watch Out for Exclusions in Insurance Policies
There is no “one size fits all” homeowner’s insurance coverage. Instead, property owners buy coverage based on their specific needs. A homeowner might not even have purchased the liability component, in which case there is no coverage for a personal injury.
There might be other exclusions written into the contract. For example, some policies exclude certain dogs, like pit bulls. Homeowner’s policies also usually exclude business activity taking place in the home. Instead, an owner will need to buy business liability coverage.
Let our legal team review any insurance policy to see if it will cover your injury. There are so many potential exclusions that we need the policy in front of us before we can offer targeted advice.
What You Need to Prove
Injured victims need to show the same type of evidence they would if they were injured in a hotel or in a store. Typically, you need to prove that some hazard injured you. Quickly contact a lawyer for assistance.
As a guest at someone’s home, you probably also need to show the injury was foreseeable. In other words, could the property owner see that a hazard was likely to hurt someone. We might interview other guests or people who saw the hazard. We can also ask the property owner to sit down for a deposition.
Here is an example: you might have slipped on a loose tile in the foyer of a home. A different person slipped on this same tile two weeks ago and told the owner, so the owner was on notice of the hazard. If they failed to fix the hazard, then they could well be liable for your fall.
Speak with a Personal Injury Lawyer about Your Accident
Insurance providers often stand in the way of injured victims receiving the compensation they deserve. If you were injured on private property, then a homeowner’s insurer could be on the other side of the case. Often, they reject claims in a knee-jerk fashion and require that injured victims litigate their claims.
Obtain the best legal help available by calling Ball, Kirk & Holm, P.C. We can get to work right away on your case and make contact with the insurance company to get them the information they need. Our consultations are free.