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I Don't Want to Sue My Friend for My Injury

Posted on: February 3, 2017

injury

When you suffer an injury as the result of an accident, it is understandable that you will want compensation. Pursuing a law suit is often the only way an injured party can cover medical bills. However, when the person liable for your injury is a friend, suing her is not the most appealing option.

Furthermore, suing your friend for an injury can become tricky, depending on the nature of the accident. For instance, if you were injured on a trampoline at your friend’s home, they may not have coverage for the accident in the homeowner’s policy. Insurers will often exclude trampolines from a policy, to avoid large payouts for accidents.

Who is Being Sued

Besides cases where your friend does not have insurance coverage for the accident, you are not actually directly suing your friend. Your claim for compensation is against the insurer, and there is a good chance your friend will never be directly involved in the process.

In many instances, your personal injury lawyer will negotiate directly with the insurer, which could result in a settlement. That means your case will never reach litigation. If it did, however, your friend probably won’t have to go to court anyway.

Who is at Fault for Your Injury?

The question of liability is also an issue, when it comes to making a claim for compensation. Let’s say you are injured in a crash and your friend was the driver. There is a possibility that a third party is at fault, which means your friend’s insurer isn’t liable for the payout.

In other cases, there may be shared liability for the accident. Shared liability means that more than one party is responsible. Liability is then split by percentage. So, you friend could be found to be 20% responsible, while the other party is 80% responsible. The percentage reflects the amount of damages each party is liable for.

Ethical Misgivings

Personal injury claims are about getting you the compensation you deserve. As such, you are not launching a witch hunt against your friend. Your personal injury lawyer will seek to ensure you receive full compensation, to cover both economic and non-economic damages resulting from the accident.

Additionally, your personal injury lawyer will not seek to hurt your friend in any way. Most of the process involves the personal injury lawyer and any relevant insurers negotiating the value of any potential settlement. As already mentioned, that means that your friend may only appear as a named party – even if your case reaches litigation.

Lastly, there is no reason that your friendship should suffer, due to you pursuing a claim for compensation. Injury claims, especial those involving motor vehicle accidents, usually result in liable party’s insurance costs rising – regardless of whether an injured party makes a claim or not.

For more information and to put your mind at ease, speak to Edwards-Patterson today. Provide us with the details of your injury, and the accident in which it was caused, and we can advise you on how to best proceed.

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918-302-3700

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EDWARDS & PATTERSON LAW

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877-761-5059

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