A guy contacted us recently. His daughter was at Grandma and Grandpa’s house (his parents) when she was very badly injured in an accident. She needed and received significant medical care. She should make a recovery, but has needed multiple surgeries and a lot of physical therapy.

The accident occurred because the grandparents let their grandchild do an activity that wasn’t safe for such a young girl. They feel terrible about it, and of course, didn’t want it to happen. The father wanted advice. Is there any way to get his daughter’s medical bills and future physical therapy sessions paid for without suing the grandparents?

He was surprised that the answer is yes, but also no. Does that sound like weird lawyer talk? Let me explain.

He would not actually be suing his parents. He would be filing a claim against his parents’ homeowners insurance. No lawsuit would happen right now, but instead an attorney would try to resolve the situation with the insurance company. Not a penny will come out of Grandma and Grandpa’s pockets.

If a lawsuit did have to be filed, it technically would name the grandparents as defendants. In reality it would be the insurance company policy they were going after. The insurance company would hire the lawyers to defend them and the attorney for the granddaughter would not seek any money out of pocket from the grandparents. The worst thing that could happen to them is that their insurance rates go up a bit. In a case like this where the medical bills are in the six figures and the policy is a million dollars, it makes sense to pursue it.

This situation is similar to what happens in a car accident. If someone in their vehicle hits you in your vehicle, you’re not actually suing them personally for the repairs and medical care (if you were injured). Your lawyer negotiates with their insurance company to reach a fair settlement. If a lawsuit is needed you are suing the other driver, not the insurance company, but the insurance company steps in.

We also got a call from a mother whose son was injured on the trampoline at their close friends’ home. She was worried that their friendship would be ruined if she sued them. This is one of the reasons why people have homeowners’ insurance and sometimes even an umbrella policy. It’s not just in case of a fire or property damage. We explained that she would not be suing them, she would be making a claim with State Farm, the company that her friends had their policy with.

Now, dealing with insurance companies and filing a claim is not a breeze. Insurance companies make money by not paying out every claim. That’s where an attorney can step in and be incredibly helpful. Lawyers who focus on injury cases know the law backwards and forwards. They know the right steps in the process and are much more likely to get you the maximum settlement. You don’t have to pay them anything upfront. They get a portion of what they recover for you.

If you have questions or would like our help in finding the best attorney for your case, please call us for free any time at 312-346-5320.