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injured at mom's home


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#1 dpatch

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Posted 30 December 2012 - 08:42 AM

I was working with a snowblower.
The shout got cloged and I attemped to uncloug it.
I did not turn off the motor off.
My middle finger was amputated and my index finger was shreaded. We are trying to save it.
I am almost 61 years old. It was my right hand and I am right handed.
I have been a house painter all my life and am unable to work. Rehab will take a long time, if we can save the index finger.
I have filed a claim to my mom's home owners ins.
What should I expect from ins? medical? lost wages? lost finger?
Should I go to SS for disability

dpatch

#2 adjusterjack

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Posted 30 December 2012 - 08:59 AM

I was working with a snowblower.
The shout got cloged and I attemped to uncloug it.
I did not turn off the motor off.
My middle finger was amputated and my index finger was shreaded. We are trying to save it.
I am almost 61 years old. It was my right hand and I am right handed.
I have been a house painter all my life and am unable to work. Rehab will take a long time, if we can save the index finger.
I have filed a claim to my mom's home owners ins.
What should I expect from ins? medical? lost wages? lost finger?


Very little.

The accident was caused by your own negligence, not your mother's. So the Liability coverage won't pay anything.

Most homeowners policies have Medical Payments coverage, usually in increments of $1000, $5000 or $10000. So you could be entitled to reimbursement of your medical costs up to whatever the Medical Payments coverage limit is.

I say "could be" because the kicker is whether or not you are a "regular resident" of the household. If you are, you would be excluded from the Medical Payments coverage.

Should I go to SS for disability


Yes.

No guarantee as to when or if you get it, but I certainly suggest you apply ASAP.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 pg1067

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Posted 30 December 2012 - 10:06 PM

What should I expect from ins? medical? lost wages? lost finger?


If your mother has only liability insurance, you should expect nothing because your injury was not a result of her negligence. On the other hand, her policy may have a component that will pay some amount (maybe up to $5k) regardless of legal liability. If so, then you can expect the insurer to pay up to the policy limit toward your medical expenses.


Should I go to SS for disability


I haven't the slightest idea if you're eligible, but it certainly would be foolish not to look into it (www.ssa.gov).

#4 pg1067

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Posted 14 January 2013 - 08:11 AM

My mother accidently pushed me into the tub at her house and I broke my neck. I was living with her at time tme, 11/10. I called an ambluence and was taken to the hospital where I received a cat scan and 3 staples in my head. I experienced sever headaches for the next 15 months until I went to a neurosurgen in Feb 2012 and ended up having emergency surgery for a broken neck. I now have a plate in the back of my neck and am in constant back pain. I want to know if I can sue or claim on her homeowners and what the statute of limitations are. My mother is in a nursing home and has been since 1/11 and I moved from Atlanta to Hudson, Florida in 12/11. Do I have a case....yes or no?????


First of all, you shouldn't be tagging your post onto someone else's thread.

Second, if your injuries were the result of your mother's negligence, you can make a claim against her homeowners' insurance. If you don't like how the insurance handles the claim, you would have to sue your mother (you would not sue her insurer). It's not clear whether this occurred in Georgia or Florida. The statute of limitations to sue your mother in Georgia is 2 years; the statute of limitations to sue her in Florida is 4 years.




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