Where the Injury Occurs Determines the Type of Lawsuit
Let’s say, for example, you twist your ankle and fall, sustaining several other injuries such as a bruised tailbone and a cut on your palm. These three injuries can add up to thousands of dollars in medical bills. If you rely on your hands and feet to perform the majority of your job (like being a server at a restaurant), you might lose thousands of dollars because you are unable to work.
However, who you sue for these injuries depends on where the injuries occurred.
If you were working when the injuries occurred, then you do not have a personal injury claim. If you got hurt while at work, then you have a workers compensation claim. If you were not on the clock, but you were at your workplace for personal reasons, then you would then have a personal injury claim.
If you fell and sustained your injuries while you were at the grocery store (or any other private property except your own home) then you have a personal injury claim. Even if you don’t know the cause for the fall (such as a slippery floor), you can file a claim for a personal injury and an insurance company will likely pay out on the claim to make it go away.
If you fell on public property, like the sidewalk, you are most likely out of luck. While you can try to sue the city for negligence, you and your lawyer will carry the burden of proving the city was grossly at fault for the fall. A long-standing, well-reported, dangerous sidewalk might be sufficient evidence to get the city to bend and pay for some of your losses.
If you fell in your own home, then you will have to use your own personal health insurance policy to cover the injuries. Generally, homeowner policies will not cover the expenses of an injury to the homeowner or resident. If a guest falls in your home, then your homeowner’s policy will cover the cost of the guest’s expenses.2626
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