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Help | If you were injured 5 years ago can you still sue someones homeowners insurance? |
Additional Details
The deal is that i hurt my lowerback lifting a cement bag on my brothers,father-in-laws property,and a bunch of my family members thought that it just wouldn't be right for me to sue him. Well they don't have to live with my everyday pains and treatment didn't help,so back surgery might be my next option.
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MSAD
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Most likely the statute of limitations has run. It's different in every state -- but it is usually around 3 years.
Also......your family member is not responsible for your injury. So even if you were with in the statute of limitations, the only coverage under his homeowners that would pay is his Medical Payments coverage. That is usually only about 5000 and pays just medical bills (not lost wages -- not pain and suffering).
Your relatives homeowners liability coverage would not pay you any thing.
In order to recover under your relatives homeowners liability coverage (it pays for pain and suffering etc) is for your relative to have been negligent. He has to have done something wrong that caused your injury.
You lifted a bag of cement. Your relative did not do anything that caused your injury. He is not negligent. He and his homeowners coverage would not pay you for your injury.
Just because you were on someone else's property when YOU hurt YOURSELF.....does not make the property owner responsible.
YOU are responsible for YOUR own injury. YOU picked up a bag of cement. If it was too heavy YOU should not have picked it up. YOU did not use proper body mechanics when YOU lifted the heavy item.
YOU caused YOUR injury and YOU are responsible for it.
Some times cr@p happens and you don't get paid for it. |
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talanstormrider
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5 years ago?!!! and you wonder why all insurances are so damn expensive these days because ppl like you want something for nothing. if you had a real injury yo would have taken care of the problem then and not wait 5 years. |
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car253
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You waited too long. Sorry. |
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LADY AT THE LAKE
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How would you proof that the injury was caused five years ago? Did you go to the doctor within two weeks of the original accident?? Have you been going to a doctor for your back on a regular basics in the last five years?
There are many, many factors that could have happen to you in the last five years. Have you lifted any other heavy objects in the last five years; moving furniture, lifting children up and down; working on the car; yard work??
Suing to have your surgery paid for would be a very hard case to prove. Do you currently have health insurance? Your employer would have on your application that you stated that you had a back injury over five years ago; you could use that as proof. |
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Sandra T
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Unless you went to a doctor and told him at the time that you injured yourself doing that, then you have no case. Even if you had, there is a statute of limitations on these things. See "Insurance Fraud" |
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