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cmh62878 · Aug 14, 2008, 10:34 AM

I received a letter from a lawyer advising I am being sued for an injury to someone who stayed one night in my house. In which he did not get hurt here it was previous injury and I did not have homeowners insurance. What type of lawyer do I need If I need one? Also does that attorneys office representing him have to provide proof of his claim? I am in Florida and do not want to have to give this scam artist any money he is involved with drugs and has had shaded past I can't believe an attorney would take his case with no proof and over a year later than when he claims it happened.

progunr · Aug 14, 2008, 10:38 AM

Yes.

You need an attorney.

The average citizen does not stand a chance against a good personal injury attorney in our justice system.

cmh62878 · Aug 14, 2008, 10:40 AM

What kind of attorney do I need? Don't they have to prove this happened? I mean its his word against ours.

excon · Aug 14, 2008, 10:49 AM

Hello c:

Yes, he has to have proof. You'll have a trial, and that's when he has to provide it. But, not until then. Until that happens, you need an attorney.

If you didn't have homeowners insurance, that means either you own your home free and clear or you violated your mortgage agreement, wherein you promised to keep the home insured.

It IS possible that the mortgage company bought insurance for the home when they were notified that your policy lapsed...

Besides, if the lawsuit is frivolous, you can demand that he pays your attorney fees.

excon

JudyKayTee · Aug 14, 2008, 12:57 PM

Originally Posted by cmh62878

I received a letter from a lawyer advising I am being sued for an injury to someone who stayed one night in my house. In which he did not get hurt here it was previous injury and i did not have homeowners insurance. What type of lawyer do I need If I need one? Also does that attorneys office representing him have to provide proof of his claim? I am in Florida and do not want to have to give this scam artist any money he is involved with drugs and has had shaded past I can't believe an attorney would take his case with no proof and over a year later than when he claims it happened.

I'm an accident investigator.

Do you own or rent? How does the person claim he was injured? What is the amount of the lawsuit? Those things matter.

For example, if you live in an apartment and he fell down the stairs, it's the landlord's problem. If he fell inside, down your stairs, depending on the cause of the fall it may or may not be your problem.

Part of the problem is you apparently allowed someone you knew to be involved in drugs and with a shady past to stay with you so that argument is useless - not that it was a legal argument.

You need an Attorney. And, yes, "he" and the Attorney need to prove damages.

twinkiedooter · Aug 15, 2008, 05:19 AM

Attorneys don't always properly interview the clients prior to taking their case especially if it is a personal injury case. How did you know the person was previously injured? How long ago before staying in your home?

As it was pointed out above, you should have had some sort of homeowner's insurance in place if you have a mortgage on the home. Would suggest that you contact your mortgage company to see if they carried coverage for you. If they do have coverage for you then you need to turn that demand letter over to the insurance company.

If you do not have insurance on the home, you will need to get a good personal injury defense attorney to handle this for you especially if the person claimed to be seriously injured and had to go to the hospital. If a suit is filed, all of the medicals will have to be provided and you will see from the dr and/or hospital reports that the person had the injury prior to spending the night at your house. I hope that you have independent witnesses who can help you pinpoint exactly what date the person stayed in your home.