Legal Question in Personal Injury in Georgia

"We?" What claims do you have against anyone? Did you also fall? As far as your girlfriend, the first question is why sue anyone? Why was it the fault of the homeowner that your girlfriend fell? As far as who she sues, IF she has a valid claim, the suit is filed against the party who was negligent. How was Wells Fargo the cause of her fall? If you are thinking she (or you) will get cash in days, that is not going to happen. Obviously, she needs to see a lawyer (again, assuming there is a chance it was anyone else's fault but her own).

First of all, every step you have taken so far is wrong. Stop talking to the homeowner and to insurers before you ruin any possible case.

Your girlfriend can only sue if she can show the homeowner did something negligent to cause the fall. Your post does not indictae if that is true. If that is not true, she has no case and will pay her own medical bills. If the homeowner was in some way negligent, she may be able to sue.

The mortgage company has no responsibility. It is the homeowner's responsibility to keep up insurance. (If he can show he paid Wells Fargo to do it and they failed to do it, he may be able to sue Wells Fargo, but your girlfriend cannot).

If the homeowner was at fault, your girlfriend needs to retain counsel. even if there was insurance, the homeowner gets sued. The presence of insurance would simply mean the insurer would defend the homeowner. With no insurance, the homeowner will have to defend himself and pay a judgment if he loses.

Finally, you can't sue for the operation that doesn't happen. If your girlfriend needs surgery, she needs to pay for it herself. A delay in treatment can impair the lawsuit (and hurt her health).

You can help her by (1) helping her pay for the surgery and (2) finding her a lawyer. In the meantime do NOT call the insurer (the homeowner could be lying about coverage anyway) and do NOT talk to the homeowner.

Contact a lawyer who is an expert in personal injury/insurance matters ASAP! Do NOT get a criminal layer, real estate lawyer, a general practice lawyer or any other type of lawyer that does not understand insurance coverages. Such a lawyer (having only a superficial understanding of these matters) will screw up the case. Get someone local, who knows their way around the court system in your jurisdiction. Do NOT get one of those TV lawyers who cannot even try a case and try to settle with the defendant's insurer with one telephone call for a minimal amount. Your girlfriend is the one who has the right to sue and she is the one who is the client. You can however, help her find the right attorney. How the event occurred is vitally important. Were you there and were you a witness? Also, if your girlfriend has health insurance through her job or from any other source that coverage would be primary, not the homeowner's liability policy. The exception to this would be if the homeowner had "medical payments" coverage ("med-pay") on his property. Do YOU or your girlfriend have such coverage where you live (Homeowner's policy or Renter's policy)? These are all the types of things a good PI lawyer can, and should, help you with. That is the difference between a good lawyer in these cases and one that is not so good.