How to File a Lawsuit Against a Friend

Law Blog

Filing a lawsuit for personal injury is difficult enough. However, when the defendant is a friend or family member, filing a lawsuit will be even more difficult. You may not want to damage the relationship that you have with your friend, but you also don't deserve to be forced to foot the bill for medical expenses resulting from an accident.

You Will Likely Be Suing the Insurance Provider

If you are seeking compensation from your friend's insurance provider, you are not suing him or her directly. For example, if you were on your friend's property and they have current homeowner's insurance, you may seek compensation from the homeowner's insurance policy rather than your friend. This may cause their insurance rates to go up, but the cost will be much less than the act of suing them. Your friend's name will only come up as a named party and this is only if your case reaches court. The majority of cases are settled out of court.

A Personal Injury Attorney Makes the Process More Impersonal

Working with a personal injury attorney might be an ideal situation if you have to sue a friend directly. If you try to settle the case yourself, you will be communicating with your friend to negotiate the damages and how much you should be compensated. However, if you have a personal attorney representing you, this will make the whole process less personal so that you don't have to let it disrupt your friendship.

A Legal Battle is Still Possible

One issue that might arise is when there is a dispute over liability. For example, if you were injured in your friend's pool, you might claim that you were given permission to use the pool, while your friend might claim that you weren't given permission. If you become injured in the pool, you may need to gather evidence from witnesses who will assert that you had permission.

Don't Feel Bad for Seeking the Compensation You Deserve

In some cases, your friend might tell you that they find it acceptable for you to sue their insurance provider. However, you might wonder if this is truly okay. It's important to remember that your friend wants you to get better and wants you to have the finances to pay for your medical bills.

Then, rather than worrying about finances, you can focus on getting better. You should also remember that you deserve compensation when you are wronged, especially in personal injury cases.


14 May 2020

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