Does Homeowners Insurance Cover Personal Injury Claims in Nevada?

What Homeowner Coverage Is Needed To Cover Personal Injury Claims?

To protect yourself against personal injury claims, you need personal liability insurance coverage. This type of coverage is available in different coverage limits and protects you if someone else is injured on your property. It can also reimburse the injured party for any damage to personal property. 

Some people mistakenly assume personal injury coverage is the same thing. However, this type of coverage does not protect you from being sued for personal injuries. Rather, personal injury coverage protects you from claims of libel and slander.

Filing An Accident Injury Claim With A Homeowner’s Insurance

After being injured at another’s home, there are specific steps you need to take if you want to file a claim against their homeowner’s insurance as follows:

• Seek medical care: You should have your injuries treated as soon as possible by a healthcare professional. 
• File a police report: You should contact the police immediately to see if you need to file a police report and request medical care for serious injuries. 
• Gather evidence: If possible, take pictures of where the accident took place, as well as photos of your injuries. 
• Request the homeowner’s insurance information: The homeowner should provide you with the name of their insurance company and contact details.
• Schedule a consultation with a personal injury attorney: Before speaking to the insurance company and opening a claim, it is recommended to speak to an attorney with experience in premises liability laws. The lawyer provides free legal advice on how best to proceed with your claim. 

What if the Homeowner Refuses To Provide Their Insurance Information?

If the homeowner is uncooperative and will not provide you with their insurance information, you can get assistance from a lawyer. They can write a formal demand letter requiring the homeowner to supply the information. If they still refuse at that point, your lawyer can initiate a lawsuit against them. 

Types Of Injuries Covered By Homeowner’s Insurance

Personal liability homeowner’s insurance covers several different types of accidents and injuries, including:

• Slips, trips, and falls
• Dog bites
• Falling objects
• Accidental injury by the homeowner or household members
• Accidental personal property damage
• Electrical accidents

Homeowner’s insurance also covers all expenses related to your injuries, such as:

• Medical expenses
• Rehabilitation costs
• Lost wages

How Can I Sue A Homeowner If I Am Injured On Their Property?

You can sue a homeowner if you are injured on their property. There are specific legal procedures, forms, and filing deadlines. It is best to get assistance from a premises liability injury attorney as soon as possible.

Your lawyer will open a legal claim with the homeowner’s insurance party by sending them a demand letter. The demand letter will include how much monetary compensation you are seeking. The letter is sent to the homeowner and their insurance company.

Next, your attorney will attempt to reach a settlement agreement with the insurance party. If an agreement cannot be reached, they will sue the homeowner and their insurance company by filing a lawsuit in court. 

After the lawsuit is filed, the insurance company can still settle. Discovery can also occur, where your lawyer and the insurance company’s lawyers will conduct depositions, exchange documents, and provide evidence to support your claim.  

Most cases will be settled at this point if they aren’t settled earlier in the insurance claim process. If a settlement is still not possible, the case proceeds to trial, where your attorney will present evidence in court to secure a verdict in your favor. It is worth noting a settlement could still be reached at any point before the jury returns with their verdict. 

What If A Homeowner Is Uninsured Or Underinsured?

There can be situations where a homeowner has insufficient personal liability coverage or may not have homeowner’s insurance. For claims where the homeowner is underinsured, you can receive compensation up to their coverage limits. 

You may also be able to file a claim against your health insurance or homeowner’s or renter’s insurance for the difference. Additionally, you can sue the owner in civil court and seek a judgment for the compensation they still owe.  

If they do not have homeowner’s insurance, your lawyer can assist you in determining which of your insurance policies you could file against. Suing the owner is also an option. Even if they lack substantial assets, you could seek a judgment lien and put it against their home. 
A judgment lien means they have to pay you the amount of the lien if they ever sell their home. You can also file a judgment lien against other personal property they own as allowed by Nevada law.

How Can I Protect Myself From Being Sued For Injuries At My Home?

As a homeowner in Nevada, you can do various things to reduce the risk of being sued for personal injuries, including:

• Have sufficient personal liability insurance: You should review your homeowner’s policy to verify you have sufficient coverage in case someone is injured on your property.
• Keeping up on all maintenance: Ensure you keep your home safe with regular maintenance inside and outside. Stairwells, sidewalks, and other areas should be in good repair so there is no risk of slips, trips, and falls. 
• Install anti-slip tape or strips on stairs: To reduce the risk of slips when they are wet, you can apply anti-slip tape or anti-slip strips on outdoor stairs. 
• Ensure outdoor areas are well-lit at night: Verify all outdoor light fixtures function correctly and provide sufficient lighting to avoid accidents. 
• Keep dogs contained: If you have an aggressive dog, make sure your backyard is fenced in, or they are contained on a dog run where they cannot reach other people. 
• Put up warning signs: Dog owners should put up warning signs to make people aware they have a dog who could be aggressive. 

What If I Rent?

Most landlords require renters to have specific coverage limits for personal liability insurance. If your landlord does not have a minimum requirement, you should still verify you have sufficient coverage with your insurance provider. 

When Should I Hire A Personal Injury Lawyer In Las Vegas?

Generally, it is advisable to consult with a Las Vegas personal injury lawyer as soon as possible after an injury at someone’s home. During the consultation, the lawyer will advise you on your legal rights and the potential compensation you could receive, as well as answer any questions. 

You should consider hiring the lawyer after the consultation if you have sufficient monetary losses. Most liability insurance claims usually have significant payouts that require the assistance of an experienced attorney. The average insurance claim settlement after suing a homeowner’s insurance for injury between 2017 and 2021 was $25,323, according to Bankrate.  

Schedule Your Free Consultation With Our Las Vegas Personal Injury Attorney

Get free legal advice and the help you need after being injured at someone’s home. At Adam S. Kutner, Injury Attorneys, we can help you file your claim, ensure you get the compensation you deserve, and handle all negotiations with the insurance company. Our goal is to aggressively seek a favorable settlement while allowing you to focus on healing and recovery.