Legal Question in Personal Injury in Minnesota

Need answer

If you were shot while visting a person home who is renting,an apartment can you be compensated from the insurance company or landlord.This not fault of the person whom was shot which resulted in him losing his left arm and a broken right arm.

Asked on 11/22/05, 1:14 am

2 Answers from Attorneys

Todd Johnson Johnson & Bannon

Re: Need answer

If the renter carried renters insurance there might be coverage for some limited medical expenses related to the injury. It is possible the owner of the apartment complex might also have coverage but this is probably not likely.

If you know who shot the gun that resulted in the injury your best bet would generally be to bring a claim for restitution in the criminal claim against the shooter.

You need to talk to an attorney in person regarding this issue because this can be a complicated area of law. Most attorneys who handle such claims will give a free consultation to discuss this issue.

Our office is not representing you on this matter.

Good luck.

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Answered on 11/22/05, 9:00 am
Jeffrey D. Thill Thill Law Firm, P.A.

Re: Need answer

The landlord and/or the tenant may have liability insurance on the premises. Or if the landlord or tenant have a lot of assets, you may be able to recover, even if there is no insurance.

Any policy covering the apartment would probably have a Med-Pay provision, ususally between $500.00 to $5000.00 to cover the injured party's medical expenses.

You may be able to get a larger settlement by suing the landlord and/or tenant and/or the shooter, depending on the circumstances of the case. Intentional injuries probably are not covered under the insurance policy, if any. Negligent injuries probably would be covered and there could be a substantial settlement, given the seriousness of the injuries.

You need to consult an attorney, who can then investigate the availability of insurance, analyze the circumstances of your case and give y ou an opinion regarding your potential for recovery.

Any claims should be brought by service of a summons & complaint prior to the two year anniversary of the date of injury. If not, the case could be barred regardless of the merits.

Jeff Thill

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Answered on 11/22/05, 5:51 pm

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