Accidents are the leading cause of death for Illinois residents under 45. Along with chest pain, unintentional injuries are also a leading cause of emergency room visits. In short, accidental injuries are very common and can have devastating (and expensive) consequences.
Illinois law allows injury victims to pursue financial compensation to cope with the medical bills and income losses from those who caused their harm – even unintentional harm. However, these individuals may face a dilemma when they know the person who caused their accidents.
On one hand, these injured people may need significant resources to get the care they need. On the other hand, they’ll likely want to avoid causing a rift in their relationship with the at-fault party.
Situations in Which Friends or Family Members May Be Liable for Injuries
The probability that a friend or family member will accidentally injure you is higher than you might think. For one thing, these situations encompass both intentional and unintentional injuries. Therefore, an acquaintance might be liable for injuries caused by an intentional assault or an unintended accident.
Additionally, the most common accidents occur on the road or in buildings. Car accidents, falls, dog bites, and other mishaps are some of the most common causes of unintentional injuries. These accidents often happen due to negligence on the part of a friend or family member.
The following scenarios might lead to a personal injury claim between friends or family members:
- An auto accident where someone is a passenger in a close acquaintance’s car
- A slip and fall in a friend or family member’s home
- An attack by a friend or relative’s dog
The fact that someone you know was involved isn’t enough to support a claim. You and your personal injury lawyer must prove that your acquaintance is legally liable for your injuries. Your actions can determine how difficult it may be to recover the compensation you’re entitled to.
Tips for Filing a Legal Claim Against a Friend or Family Member
The following tips can help you preserve your legal rights after an accident that results in injury:
Remember That Insurance Is Involved
You may be entitled to significant injury compensation. However, this money won’t necessarily come out of your acquaintance’s pocket. Instead, an insurance policy will likely cover the losses.
For example, homeowners’ insurance typically covers falls in the home and if the owner’s dog bites someone. Similarly, auto insurance often pays for a passenger’s losses when the driver causes a crash.
This knowledge can help you separate your relationship from your legal claim. In other words, even though you have a personal connection with your friend or relative, you have no personal connection with their insurer. Thus, you can approach the claim with the objectivity needed to protect your rights.
Refrain From Apologizing
Apologizing might feel natural after an accident, even one you didn’t cause. However, saying you’re sorry could pose a major obstacle to your injury claim. The insurance companies may try to twist your words into a confession of liability for your injuries.
For example, after being bitten by a dog, an apology might create the appearance that you provoked the animal, and the owner’s insurer could use your words to deny your claim.
Avoid Posting About Your Accident on Social Media
Social media posts can provide insurers with ammunition to deny or undervalue accident claims. Even an innocent post about your condition could be used to cast doubt on your story.
For example, suppose that you post a selfie at the gym a few days after a car crash. An insurer may argue that your injuries aren’t serious if you were able to work out after just a few days, even if you were there to rehab a separated shoulder.
Don’t Talk to the Insurer
When you file an insurance claim, an adjuster will call you to ask questions about the incident and the injuries you suffered. The call will be recorded, and your words will be used to investigate your case.
Any on-the-record statements you make to the insurer could be even worse than social media posts or apologies. The questions they ask will be specifically designed to get the kind of evidence they need to deny your claim. As such, it’s best to decline the insurer’s request for a recorded statement.
Contact a Qualified Lawyer
A lawyer can help you in a few ways. First, they can communicate with the insurer on your behalf, which can keep you from accidentally implicating yourself. They can also help you understand the value of your case, meaning you won’t need to feel guilty about negotiating a fair settlement.
Finally, your attorney will create a buffer between you and your legal case to ensure that it’s untainted by your relationship with the at-fault party.
Take Advantage of a Free Consultation
The skilled injury attorneys at The Law Offices of Glenn & West, LLC, can provide objective legal advice and steadfast representation after you suffer an injury in an accident caused by a friend or relative (or anyone else). Contact us today to set up a free consultation.
