A guy I knew beat me up and broke my leg. I have missed time from work and have several thousand dollars worth of medical bills. This happened at his house and I know he has homeowner’s insurance. Can I sue him and get the homeowner’s insurance to pay?
The homeowner’s insurance company will almost certainly not pay for the harm you suffered. Almost all (if not all) insurance companies have a provision in the insurance policy saying that they will not pay for acts that are intended by the insured. Thus, because your leg was broken when the homeowner beat you up (as opposed to falling because a handrail on a stairway broke – an injury probably caused by negligence) – the insurance company will say they are not responsible because the injury was intended by their insured.
You can still sue the guy that beat you up but the problem is trying to collect money from him. If you win the case you can seize money from his bank accounts, take a portion of his wages over time, and try to sell his other assets. However, many times people who commit such acts don’t have assets or even jobs.
Nevertheless, it is wise to discuss this situation with a lawyer and see if there is something about the facts which would make a lawsuit economically feasible under the circumstances. Most lawyers will not charge you to consult with them about your potential case.