Tips for Handling Personal Injury Caused by Friend or Family Member

Suffering an injury as a result of another person’s negligence is difficult enough, but it can be outright devastating if the liable party is a loved one. You may not know how to take the appropriate steps toward compensation without hurting the people you care about. In such delicate situations, it’s essential to have a personal injury lawyer by your side who can guide you through the legal process. 

Common Causes of Personal Injury Claims Among Friends and Family Members

Most people never give much thought, if any, to the chances of suffering harm at the hands of their friends or family members, but accidents can happen to anyone at any time.  

Some of the most common issues that arise among family and friends are those involving car accidents. If you’re riding in the car with a loved one and they get into an accident, pursuing compensation can include filing a claim against their insurance.  

Similar circumstances arise in premises liability claims. If you visit your friend at their home and you slip on a patch of ice on their driveway or suffer a dog bite, you can hold them responsible. That’s because they owed you a duty of care to maintain safe premises for all of their licensees (their visitors).  

Tips for Addressing a Personal Injury Caused by a Friend or Family Member

How can you navigate these kinds of claims smoothly and without destroying your relationship? As you begin the process, there are a few things to keep in mind: 

Communicate Immediately

The moment that you suffer an injury because of a friend or family’s negligence, you need to let them know of your intention to begin a claim. These conversations don’t have to be contentious, seeing as you’re not filing against them directly but against their insurance, but they still need to happen. 

If issues do arise, it’s important to also fully explain the severity of your injuries and what they could mean for you in both physical and financial terms. If you already have medical bills, show them to your loved ones so they can see that you’re not being frivolous in beginning a claim. Clarify that your injuries could prevent you from living your life as you used to and that filing a claim represents the only practical means of receiving the assistance you need.  

Consider Your Legal Options

Understanding what your next steps are after being injured is especially important when it comes to car accidents. In many instances, you will be able to file a claim against your own personal injury protection (PIP) insurance, which, in turn, wouldn’t require filing against your loved one’s.  

That would not be an option, though, if you suffered injuries that are so severe that would require ongoing medical care or that wouldn’t allow you to return to work. In those instances, you’d need to file a fault-based claim.  

Hire a Personal Injury Lawyer

Having a personal injury lawyer by your side can go a long way toward helping you avoid issues with your family member or friend. They’ll know how to negotiate calmly and objectively and will keep emotions out of all conversations.  

It may also be important for your loved one to retain legal counsel so that the two attorneys can manage the details of the claim. Aside from saving a lot of time, it can protect your relationship with your friend or family member by avoiding arguments as much as possible.  

Another crucial benefit of having a lawyer is that they can investigate all accidents for other potentially liable parties. If you’ve suffered a burn injury from your friend’s boiler, for example, your lawyer may investigate to see if it was defective or if it malfunctioned. If it did, then it’s better to file a claim against the manufacturer via a product liability claim as opposed to filing against your friend and their insurance. 

Trust Dedicated and Compassionate New York Personal Injury Lawyers

Filing a claim against a loved one is never a simple process, but having experienced representation by your side can take some of the weight off your shoulders and allow you to focus on healing your injuries and your relationship.  

At Silberstein And Miklos, P.C., we offer the compassionate representation you need through these types of claims. We have decades of experience and have helped clients recover significant settlements and verdicts after suffering injuries in accidents that occurred because of another party’s negligence.  

If you’ve suffered an injury, Ask4SAM. Contact our team to speak with a New York attorney about your claim.