Legal Question in Personal Injury in New York

I 24 years old and live independently in my parents home where i fell and injured my spine. Would i have a claim?

If there policy states that no family members are covered under the plan is there anyway around this claim or will they not pay for any damages?

is there anyway to get compisated?


Asked on 3/01/10, 5:15 pm

4 Answers from Attorneys

Jeffrey Donato Jeffrey M. Donato, Esq., P.L.L.C.

You can sue your family for their negligence.

However the insurance company may not pay.

If they have assets you can still go after

them personally but may have a hard time

getting an attorney to take the case.

I wouldn't suggest it for family harmony either. Good luck.

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Answered on 3/06/10, 10:14 pm

What caused you to fall? Was there any recent, flawed construction? Had someone not a family member, spilled a liquid, or left an obstacle on the floor causing you to trip? More information is needed. Best. M. E. Zuller

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Answered on 3/07/10, 4:45 am
Pasquale Calcagno Calcagno & Associates, PLLC

A number of factors need to be considered regarding whether you can or should sue your family. First, you want to consider the strain it may cause on your family. Second, why and how did you fall? Was there a defect or something on the floor? Another question I would pose is how separate are you from the house? Do you live in a side apartment or directly with your parents?

Call me, Pasquale Calcagno, Esq., for a free, confidential consultation at 1(800)WE-FIGHT. We have convenient locations all over New York, some of our offices are located in Brooklyn, Manhattan, Staten Island and the Bronx. We can even have an attorney come to you upon request.

Visit our website at www.1800wefight.com for valuable accident information. I look forward to fighting hard for your rights.

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Answered on 3/08/10, 1:07 pm
Michael Joseph Law Office of Michael H Joseph PLLC

Depends on the definition of family member in the insurance policy. Some policies define it as a member of the household

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Answered on 3/09/10, 10:03 am


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