Anytime you sustain an injury, there could be significant costs involved in your recovery. Many injured individuals choose to file an insurance claim to help cover these injury-related costs. When your injuries are sustained at a house party, you might need to take legal action in order to get the funds you are entitled to.
The homeowner's insurance policy may provide coverage for your accident. An experienced insurance coverage attorney can help you file a lawsuit that requires the insurance company to pay out on your claim.
Understand the Policy
Your attorney can help you gain access to a copy of the homeowner's insurance policy after you are injured at a house party. It's important that you understand the policy fully so that you can determine if your injuries are covered by the policy carrier.
Most home insurance policies contain language that provides coverage for the homeowner against any accidents that result in an injury. If this language is present, you should be able to obtain money from the insurance company.
Take Action Against the Homeowner First
You must file a lawsuit against the homeowner before you can go after his or her insurance company when you are injured at a house party. Since the insurance policy is designed to protect the homeowner, he or she must be given an opportunity to take advantage of the policy coverage.
If the insurance carrier denies the claim and the homeowner defaults, you can take legal action against the insurance company for breaching their duty to defend and indemnify.
Identify Mitigating Factors
Your attorney will work with you to identify any mitigating factors that might affect your case. These factors are typically used against you by the insurance company to prove that the initial claim was rightfully denied.
One mitigating factor you should address is whether or not you were impaired at the time of the accident. Alcohol or drug use can negate any coverage for an injury you may sustain at a house party.
You will also need to determine if the cause of your injuries was truly accidental. A court may rule that the actions leading to your injury were intentional.
An accident is deemed as an event that is unforeseen or unexpected. If you were engaged in behavior that could reasonably be considered dangerous at the time of your injury, you may not be able to access financial compensation through the homeowner's insurance provider.
To learn more, contact a law firm like Bennett Bigelow & Leedom PS.
