Homeowners insurance is a common form of insurance that’s designed to provide protection against interior and exterior damage to the home as well as personal injury liability. Nearly 73 million injuries occur nearly every year that require medical treatment, many of which take place on someone else’s property. If the homeowner’s negligence caused the injury, they could be held responsible, which would result in them paying damages.
What You Should Know About Personal Liability Insurance
When someone owns a home, they are required to have homeowners insurance to cover damage and other issues that could occur with the property. Without this insurance in hand, most lenders won’t agree to provide the buyer with a mortgage loan because of the risk. One aspect of homeowners insurance that’s included in most policies is personal liability insurance, which is designed to cover the medical expenses and potential lawsuit costs if someone is injured on the property in question.
If you are injured on someone else’s property and believe that they are at fault, you may have the ability to file a claim or lawsuit to cover your medical expenses and similar costs. Let’s say that you’re walking along a property and a dog bites you. If the bite occurred on the owner’s property, the personal liability insurance that the homeowner has could cover your medical bills, lost wages, and any emotional distress you experienced as a result of the injury.
Amount of Personal Liability Coverage That Every Homeowner Should Have
When a homeowner purchases personal liability insurance as part of their homeowners insurance policy, they will have the ability to obtain different amounts of coverage. In many cases, the amount of personal liability should scale in accordance with your assets. If a homeowner purchases $100,000 in coverage but is sued for $500,000, the plaintiff would have the ability to seek additional assets from the homeowner since the insurance policy doesn’t provide enough coverage. If you have $600,000 in assets, most of this money could be wiped out if you were to be sued for $500,000, which is why it’s important to obtain the right amount of personal liability coverage when you’re first shopping for a homeowners insurance policy.
Costs Associated with Personal Liability Insurance
The personal liability coverage that’s provided within homeowners insurance is relatively affordable. Most homeowners insurance policies will automatically include $100,000 in liability coverage, which means that the costs are baked into the price of the entire policy. Increasing coverage to anywhere from $300,000–$1,000,000 only costs around $15–$35 more per year.
Information Needed When Filing a Claim
In the event that you want to make a personal injury claim against a homeowners insurance policy, there are many things that you should be aware of. The most important thing to keep in mind is that the insurance company must be notified very soon after the accident has occurred. However, this notification must be made by the homeowner as opposed to the injured party.
While the requirements for a personal injury claim can differ depending on the policy, the homeowner is typically required to provide a substantial amount of information that includes:
- The names and addresses of any witnesses as well as the injured individual
- A detailed description of the accident, which should include the location and time of the accident
- A description of the injuries that were caused by the accident
- The policy number
- The identity of the policy holder
Before you file a personal injury lawsuit, keep in mind that the statute of limitations for doing so in Pennsylvania is two years after the accident has taken place. In the event that you file a lawsuit after this date, the lawsuit would likely be immediately dismissed.
How Liability Is Proven
When you file a personal injury lawsuit for injuries that have occurred on someone else’s property, the most important thing is to prove liability. Most personal injury claims are filed because the injury occurred due to the negligence of another party. For instance, if you were bitten by the homeowner’s dog when on their property, it’s possible that they would be held liable for the accident and any injuries that have occurred. Negligence may occur if the dog bite happened because the dog wasn’t kept on a leash.
The path to proving liability differs with each type of accident. For instance, proving liability with a slip and fall accident is much different than proving liability for a dog bite. You should have a personal injury attorney by your side who understands what arguments need to be made for each type of case. Like all injury claims, any claims that are filed against a homeowners insurance policy will require that the plaintiff is able to prove fault.
If the defendant had a legal duty to the plaintiff and eventually breached that legal duty, they could be held responsible for the plaintiff’s injuries if the breach of duty caused the accident. Proving fault is typically straightforward for personal injury cases and usually involves obtaining witness statements, conducting an investigation, and looking at police reports.
Damages Obtained When Filing a Personal Injury Claim
If you file a personal injury claim, you could seek many different types of compensation depending on the extent of your injury and the negligence of the homeowner. Most of the damages that are awarded in a personal injury case are referred to as general compensatory damages and special compensatory damages. General damages refer to non-monetary damages that aren’t specific. These damages can include pain and suffering, a loss of companionship, and mental anguish.
As for special compensatory damages, these damages are designed to cover any monetary issues that occurred as a result of the injury. These special damages can include household expenses, medical bills, loss of earnings, and expenses for future medical care.
Seeking Assistance From an Allentown Personal Injury Lawyer
When you are involved in an accident that occurs on someone else’s property, you may be able to file a lawsuit if the accident occurred because of the homeowner’s negligence. It’s highly recommended that you seek help from our Allentown personal injury lawyer immediately after the accident takes place. Since the fault of the defendant will need to be proven if you want to obtain compensation for your injuries, it’s essential that you have a lawyer by your side who understands what it takes to prove fault.
Our personal injury lawyers will conduct a thorough investigation of the case, look at the scene of the accident, identify any at-fault properties, determine who is liable for the accident, and present your case. All of the work that we do is designed to assist you in building a strong case. Keep in mind that the majority of personal injury cases are settled with the insurance company before ever going to court.
If you’ve been injured while on someone else’s property, it’s possible that the property’s owner will be held liable for your injuries. In this situation, contact our Allentown personal injury lawyer immediately at (610) 435-7400 to determine what your next steps should be.
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