Q: I am trying to figure out if I have a case and just need an expert opinion.
My son was injured when he fell 25 feet out of a tree while helping a friend trim branches on his friend's property. He broke his hip and shattered his ankle. He was not being paid nor was he hired by his friend. He was using his own equipment - rope, harness, and chain saw. Right now we have around $150,000 in medical bills, he cannot work for at least 3 months (probably longer), and there is a chance he will end up having to have a hip replacement. He was set to begin the fire academy to become a fire fighter. He cannot do that now and will have to wait for a year for the next academy, if he is ever able to do that. His friend knew the trees were not in good shape and he left a piece of metal conduit on the ground under the tree that my son landed on when he fell, which we believe aided in the broken bones. His friend's homeowner's insurance said we don't have a case. Is that true?
A:
A Kansas attorney could advise best, but your question remains open for two weeks. I'm very sorry for your son's injuries. It is not unusual for the carrier to be dismissive of your claim at the outset - and it could be difficult to predict which way the case could go without having additional facts.
At any rate, it doesn't look like a case that's going to be resolved with a couple of phone calls. If a law firm does take the case on, I believe it will be a contentious and hard-fought case that will need to go into suit. There's a lot at stake, and I believe the defense will be resourceful and aggressive. But that's only my individual opinion - see what other attorneys in your state say. Sometimes different attorneys will see the same matter differently in terms of liability and damages.
Your best option is to reach out to law firms to try to set up a free initial consult. A firm that handles these types of cases would be able to offer more definitive guidance than my general response, especially if they are equipped with the policy, its exclusions, more details about the injury, and more details about the activity. I wish your son a healthy recovery. Good luck
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