fighting saints
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As a claims adjuster it truly saddens me to see people so desperate to sue all the time.
You can sue, if you can find a lawyer who is scumbag enough to give it a shot. In the U.S. you have the right to sue anybody at any time. However, you will not win and I know some judges that wouldn't even let the case into their court.
The problem you have is that neither the neighbor or their insurance is liable for anything that happened to you. Just because it happened on their property does not automatically mean they are responsible (the same is true when their kid fell at your house). No matter how you try to spin this the neighbors will not be found to be responsible for your med bills or pain and suffering.
The fact that they provided alcohol won't make them responsible unless you are a minor, or they let you drive away in a car and you caused an accident.
As another answer mentioned you might have some medical payments coverage available to you from their insurance. That coverage normally applies to anybody hurt at the house regardless of negligence. Although, I suppose it could be argued that the beating was an intentional or criminal act and coverage might not apply.
The bottom line here is that you only have the right to collect damages from the responsible person and that is not your neighbors. |
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mbrcatz
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No, they didn't beat you.
Or rather, sure, here in the USA you can sue anyone for anything else. But you're not going to win that case - they are not responsible for your husband beating you - even if they served him alcohol.
IF they feel like filing a claim under their homeowners, their medical payments coverage would kick in - to pay maybe $250 or $500 of your medical bills. It's a no-fault coverage, and they'd have to file the claim - you can't file it against their policy. YOUR only option is suing. Which, as I stated before, you'll lose.
You'd actually have better luck suing your husband. Not that YOUR homeowners policy will kick in, it won't. Assault is specifically excluded. Plus, you're an insured, so you can't collect under your own liability policy. But in most states, you COULD get money out of him, garnish his wages, whatever. |
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Rick B
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Grow up.
It's not their fault you married a jerk. You should try to draw as little attention to the situation as possible while you separate yourself from him.
Just because someone sued you for an accident at your house does not mean you turn around and sue someone for something your husband did.
Why is everyone so lawsuit happy?!?!?!? |
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barbequelighter
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A lawsuit begins in federal courts when a complaint is filed with the district court clerk. This complaint will state that one or more plaintiffs is seeking damages or equitable relief from one or more stated defendants, and will identify the legal and factual bases for doing so.
Can you identify the legal and factual bases for doing so? What law did they break? What is your charge?
My guess is that there aren't any. Not on the neighbor's behalf. You know on who is at fault. Now own up to it. |
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Lola76
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I don't think so |
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Common Sense
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Wow.... denial to its furthest degree.
Bring your question to some lawyers for a further look at your case. |
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Mrs. Jeter
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You're not gonna have any luck doing this. And I really think you should shift your focus from civil court to divorce court. |
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lorijotx
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No.
You don't do that to friends
eighbors. It gets you removed from all invite lists from that point on. You'll be suspected of going after everyone's insurance.
If you tried it on me, I would be sure to show supporting evidence on your family life. |
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MSAD
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No... you can not be paid for your pain and suffering.
But you may pursue charges against your husband.
It was his choice to drink to excess.
It was his violent action that caused you injury.
You have no claim against your neighbors homeowners liability insurance. |
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Angee
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ok seriously? wow. did they force your irresponsible husband to drink that alcohol? no. any one here can see that you would lose that case in a heartbeat and you would be stupid to even try to pursue a lawsuit. |
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LesElle
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First, you don't sue an insurance policy. You would have to sue your neighbors and allege that they were responsible for your injuries. Second, insurance policies do not pay for damages that arise out of criminal activity such as "battery." Third, the offender was your husband. He would be the one you would sue but you can't since you cannot sue yourself, in effect. Sounds like you just want to get even with your neighbors for suing you. If you are not responsible for their son's injuries, I hope you prevail. I also hope you have homeowners insurance to defend you in that situation. |
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Arie
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Honestly i dont want to get in your relationship but no. YOU could sue your husband if you feel that the relationship is failing. Or if he was just drunk you can talk to him about it basically its just irresponsible drinking so im not sure you could press charges against anyone but your husband.
P.S i hope everything goes well for you. |
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