Legal Question in Personal Injury in Mississippi

porch swing broke

While visiting my mother in law last week I was sitting on her back porch swing and it broke causing me to fall backward to the ground. I was taken to the hospital with neck, back and arm pain. No broken bones but much pain and numbness in fingers. She only has 1000 $ on her home inc. policy for medical but also has 100,000.00 on libility. Her insurance agency is giving me the run around saying they only own the 1000$. My first hospital bill is over 6,700$ My question is shouldn't the 100,000.00 libility help pay the medical bills. I am still in a lot of pain and not able to follow up on medical care because I don't have medical insurance. What should I do? I don't want to sue my mother in law/

Asked on 7/18/08, 3:30 pm

1 Answer from Attorneys

Amber St. John Law Office of Amber St. John

Re: porch swing broke

Of course, this is legal information and not legal advice, and you should consult with a local attorney. If you're going to tap into the liability portion of your mother in law's homeowner's policy, you're going to have to take the position that the swing was dangerous, that she knew it was dangerous, and that it was negligent for her to leave it in that condition. "Med pay" is paid out regardless of fault. "Liability" is paid out if it's someone else's fault. Most of the time if you get a lawyer involved there's a good shot you can resolve the matter without suing anyone.

Any attorney you speak with will tell you that they'd rather you not talk too much to the adjuster, and not give a recorded statement, if you haven't already. As you've been finding out the hard way, it's the insurance company's job to pay out as little as possible on any given claim. Your mother in law has been paying premiums to have herself covered all these years. You may want to talk to her about your long-term medical outlook. The symptoms you describe may require surgery or you may have long-term nerve damage. Obviously you should follow the advice of your medical doctors.

Good luck to you.

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Answered on 7/19/08, 9:26 am

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