Legal Question in Personal Injury in New York

Proof of personal injury

My husband, the Contractor on a residential job is being sued by the homeowner. The homeowner claimes he tripped on debris left in his driveway during construction resulting in a broken ankle. My husband say's the homeowner tripped over his own cobblestone driveway nothing to do with the construction. We feel he is being wrongfully sued, what type of proof does the homeowner need if any? The homeowner also stated to my husband that it was not his fault prior to any suit. We are honest hard working people and outraged that people can get away with such false law suits. Please help...Thank-You


Asked on 1/17/01, 12:55 am

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Proof of personal injury

I received your post on 2-12-2001.

Sorry to hear about the problem. Anyone can be sued for any reason...or no reason at all.

In your case, place your insurance company/broker/agent on notice as soon as possible. If it has been awhile, IF they ask, tell them that you thought there was nothing wrong and the guy was a liar (you do not need a disclaimer issue arising).

They will take your statement. Tell them exactly what happened about the cobblestone.

The entire issue is a pain, but hey, that's why there is insurance. It will pay for the lawyer and any verdict/settlement up to the policy limits.

If you do not have insurance, be certain that any attorney that you retain had/has liability and/insurance DEFENSE (not criminal, civil) experience. There is a completely different thought process when you defend a claim as compared to when you bring one.

If you have any questions,feel free to contact me [email protected]

Good Luck

RRG

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Answered on 2/12/01, 7:52 pm


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