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I wanted to know what are the steps when someone is suing…

Customer Question
I wanted to know...

I wanted to know what are the steps when someone is suing you for them supposedly getting hurt in your home.. when you dont know that person and that person has never been to your home.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

Nothing has been reported to our home insurance because we never seen the women who claims personal injury

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The 1st letter we received from the law firm was in correct. the issue date was sept 6 , 2016 and it states the incident happened on 4/17/2017

Submitted: 4 months ago.Category: Legal
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Answered in 1 day by:
3/8/2018
Lawyer: Attorney Wendy, Lawyer replied 4 months ago
Attorney Wendy
Category: Legal
Satisfied Customers: 1,192
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I have been an attorney for about 20 years. This situation must be extremely frustrating. I'm not certain how someone could claim injury on your property without your knowing that person, but I can think of a few instances where that may be claimed (e.g., someone fell while trespassing through your yard or driveway). The key in this situation is to be sure if an actual lawsuit is filed that you timely respond so that you do not end up in what is known as "default." Default occurs when you fail to timely answer and the court deems the person making the claim's factual assertions as true. So, obviously you would not want that to occur. The other thing you do need to consider is providing the letter to your insurance carrier. Most homeowner's insurance policies require you to timely notify them of any claims or potential claims as soon as you learn of them, even if you believe they are not valid. This is because failure to notify them can reduce or eliminate your insurance benefits should a claim be made. The other is that your insurance may provide some legal assistance in fighting this claim. It is possible the law firm and its client have the wrong person/property, or that they are going to claim some injury while on your property even if not there known to you. In either case, you will want to take steps to preserve your defenses (e.g., that you don't know this person and she was not on your property let alone injured on it) and to ensure you have access to your full homeowners or other insurance benefits.

If you need further help, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate a 5 star rating at this time.

Please note: This is for informational and educational purposes only and is not legal advice. No course of action has been proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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