This appears to be what the law refers to as a

Do I need an attorney if I was injured and my friend's insurance won't cover it? During a party at a customer/friend's house, I fell and broke my wrist. I have had two surgeries and been off work for most of the year. I own and operate a barber shop. I fell because a Halloween decoration took me off guard (a flying ghost) and I backed up to avoid it and tripped. My customer/friend offered to turn the accident into their insurance company, but the insurance company responded to the claim by saying that their insured was not "at fault" so it won't be paid. Do I need a lawyer or not?

 

A:

This appears to be what the law refers to as a "premise liability case". It's an insurance claim where liability will be determined by examining if there was a defect in the property. You were at a Halloween party, probably drinking, knew there were decorations, the decorations appear to be both open and obvious - a fact which puts you on notice of the presence of decorations and to keep a watchful eye where you are going. So far with the way you've described the facts it's not looking good. If I were you I'd see an attorney to review the case and turn in your medical bills on the owner's medical pay provision to assist with paying some of the medical bills. Under that portion of the policy no liability need be shown.
I don't think the question is do you need a lawyer, but will a lawyer be willing to take my case; and for me the answer is no. Good luck. 




For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com. 
Steve Lombardi, Attorney



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