Legal Question in Personal Injury in Illinois

Re: Trampoline accident at friends house.

The insurance company is under no obligation to pay for medical bills if the injuries that have been caused as a result of the negligence of the injured. In your case, it appears as if they are advocating what is known as contributory negligence which means that the injured (your son) has contributed to his injuries and therefore the homeowner is only responsible for that portion of his negligence. Of course, how the portions are determined is subjective and there is no formula to calculate it. The only formula in Illinois is that if the portion attributable to the injured is found to be 51% or more, then there is no recovery.

I deal with that issue everyday and depending on the facts and circumstances we come to an agreement as to the amount attributable if any to the injured.

I strongly suggest you retain an attorney for the resolution of your son's case. However, that does mean filing a law suit against the homeowners and prosecuting a case in that respect. Sometimes it is hard to sue friends or neighbors which should be a big consideration in this.

I hope all this helps, good luck.

Nima Taradji

Re: Trampoline accident at friends house.

Insurance companies are in the business of collecting premiums not paying out claims so they throw roadblocks such as alleged contributory negligence defenses. The test is whether your son acted as a reasonable 13 year old in jumping in tandum with his friend. It seems that you have a valid meritorious claim. However, be aware that you cannot sue an insurance company directly so you will have to sue the son's friend's parents whom will be defended by the insurance company. You will need to retain an attorney to fight for you based on the insurance conpany's stubborness. A lawsuit will probably need to be filed.