Legal Question in Personal Injury in New York

falling

I fell down my girlfriends steps in her home and broke my neck, fractured my ankle and gashed my head. Can i Sue her homeowners insurance?


Asked on 2/02/08, 6:57 pm

4 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: falling

How awful!

No, you don't sue the insurance co. You sue the homeowner, your friend.

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Answered on 2/02/08, 9:27 pm

Re: falling

Yes. First, you can try and reach an out of court settlement with the insurance carrier. If that does not work, you can sue your girlfriend (or whoever owns the property) and the insurance company will have to hire her a lawyer and pay any settlement or judgment. The big issue is what caused you to fall? Did you just lose your balance (no case) or did you trip on a defective condition? If there is a defective condition, you should contact an attorney ASAP because the attorney may want to have the steps inspected by an expert before any repairs are made. I handle these cases all the time (on a contigency basis) so please feel free to contact me if you wish to discuss the case.

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Answered on 2/03/08, 8:14 am
Steven Czik CZIK LAW PLLC

Re: falling

You would need to sue her and her insurance company would then step in to defend her and likely settle the lawsuit. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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STEVEN J. CZIK, P.C.

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New York, New York 10013

212.413.4462

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The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 2/04/08, 12:03 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: falling

I am so sorry for your injuries. You may sue her homeowners insurance if there was a theory of liability. Please call me, Pasquale Calcagno, Esq. at 1(800)WE-FIGHT. We will fight hard for your rights and enjoy taking on difficult cases. Call me today.

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Answered on 2/12/08, 4:54 pm


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