Legal Question in Personal Injury in Wisconsin

My husband is almost 60, unemployed (company closed 9 months ago) & has no health insurance. While helping a neighbor paint his house, the ladder slipped on the blacktop, dumped him on his head & shoulder, & caused a concussion, dislocated shoulder, broken wrist, chipped bone in the shoulder, broke his glasses, sliced his face which took 9 stitches, extensive bruising, and very sore all over. We all assumed their homeowner's insurance would cover the E.R. bills, so far about $9k, but it's only paying a flat $1k. We've gone through our savings & are barely making ends meet, only have our 401k, & they really don't want to pay these bills. Frankly, we hate asking them as it truly was an accident. Their small children had spilled a bottle of bubbles on the drive and that's what the "no-slip" feet of the ladder slipped on, but it wasn't done deliberately. What recourse do we have besides ruining a good friendship or bankruptcy?


Asked on 8/24/09, 3:30 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

If this accident was the fault of any "named insured" under the neighbor's homeowner's policy, you and your husband would probably win an injury claim against the insurer. That would probably include the children and/or the parents for failing to supervise them during a risky painting project. However, the insurer might argue that your husband was also negligent for not inspecting the area where the ladder was being placed. You should therefore promptly speak with an experienced personal injury attorney or your usual family attorney who could refer your to a reputable one. Although the insurer would only be liable to the extent that the neighbor is liable, a winning verdict or negotiated settlement would be paid by the insurer rather than them. My comments here are not intended as legal advice for you, unless you subsequently retain me a revisit this issue with me. Good luck!

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Answered on 9/04/09, 7:50 am


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