Sacramento, CA asked in Personal Injury, Civil Litigation and Landlord - Tenant for California

Q: Home ins paid for minors accident sustained while renting his property. Can I sue separately for my stress/loss wages

If I settled for my minor I can still sue him for my stress correct the My two-year-old sustained sustained a fractured school falling from an unsecured retainer wall that I told the homeowner about when we moved in and he did not fix it homeowner also neglected to fix it until 6 months after the accident occurred his home owners insurance policy Covered minor claim and judge approved but my question is. Can I Sue the homeowners or file a claim to the policy for my lost wages? Due. To the accident and medical care that I have to give my son and also my emotional stress

3 Lawyer Answers
Yelena Gurevich
Yelena Gurevich
Answered
  • Studio City, CA
  • Licensed in California

A: Depends on the settlement agreement. Most settlements are for all claims and you would be precluded in most circumstances from bringing additional claims once you agree to a settlement.

Tim Akpinar agrees with this answer

James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you settled a claim on behalf of your minor child for injuries sustained on the homeowner's property, you may still be able to pursue a separate claim for your own damages, such as lost wages or emotional distress, depending on the specific circumstances of your case.

However, it is important to note that the homeowner's insurance policy may only cover damages related to your child's injuries and may not cover damages suffered by you as a result of the accident. Additionally, if you signed a release or settlement agreement as part of your child's claim, it may limit your ability to pursue a separate claim against the homeowner or their insurance policy.

It is recommended that you consult with a licensed attorney who can review the facts of your case and advise you on your legal options. They can help you determine whether you have a viable claim for damages and can assist you in navigating the legal process.

It is also important to document any damages or losses you have suffered as a result of the accident, such as medical expenses, lost wages, or emotional distress. This documentation can be used as evidence in your claim for damages.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: make an appt with a local PI lawyer to review settlement agreement to see if you are precluded.

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