QUESTION

Where can I get help to pay for medical bills after a slip and fall?

Asked on Dec 08th, 2011 on Personal Injury - New York
More details to this question:
I took a nasty fall in September of 2011 that required two surgeries on my hand. I am losing use of my hand. This happened at a major retailer. The water caused me to slip and fall.
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25 ANSWERS

Personal Injury Attorney serving Los Angeles, CA
Partner at TORKLAW
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I suggest that you immediately speak with an attorney about your case. Premises liability cases are complex and often require prompt attention and preservation of key evidence. The law has requirements that the plaintiff must show in premises liability cases in order to hold the retailer responsible for injuries as a result of a dangerous condition.
Answered on Sep 05th, 2012 at 2:15 PM

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General Practice Attorney serving Indianapolis, IN at Broad Law Firm, LLC
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If you haven't already done so, you should consult the advice of a personal injury attorney in your area. It is very likely that the "major retailer" carries Medical Expense coverage that may pay some or all of you medical bills regardless of fault. In addition, there may be a claim for additional damages that can be pursued through their Commercial General Liability insurance coverage.
Answered on Feb 17th, 2012 at 12:08 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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All property owners are responsible for keeping their property in reasonably safe condition. If the landlord knew or should have known of a hazard and failed to take steps to correct it, even though he had time to do so, then he can be held legally liable for injuries that could foreseeably result. Of course, evidence for all of those factors will be required Some business owners have what is called a medical payments provision of a liability insurance policy. The insurance people call this "med-pay". It is not required, but if they have that coverage, they will pay for medical expenses. Find out if there is a medical payments provision of his homeowners insurance policy. expenses (usually with a very small limit) regardless of fault
Answered on Dec 21st, 2011 at 7:06 PM

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Personal Injury Attorney serving Charlottesville, VA
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Most retail stores have medical expense coverage for falls on their premises. You can make a claim for immediate reimbursement under this coverage. Be sure that you are NOT accepting money under a liability claim - only under medical reimbursement (some call this med pay) coverage. See an attorney as soon as possible to determine if you have a liability claim against the store for the injuries you sustained.
Answered on Dec 15th, 2011 at 1:03 PM

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Personal Injury Attorney serving Palm Springs, CA at Gilbert & Bourke
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The store where you fell may be responsible if the water was on the floor due to their negligence or if they failed to take measures to inspect for problems such as the water on the floor and failed to timely clean it up. The store may also have "medpay" which would pay for medical bills up to a certain limit even if the store was not at fault. You should consult an attorney near you as soon as possible to preserve and present your claim to the store.
Answered on Dec 15th, 2011 at 11:42 AM

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Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
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Where was the water and how did it get there? Was it open and obvious? These are the first questions you must answer. If you do not have a case against the retailer then see if they have Medical Pay insurance which might be a small help to you.
Answered on Dec 15th, 2011 at 11:41 AM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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You should, at least, consult with a plaintiff's accident or personal injury attorney to see if there was any negligence and/or liability on the party of the major retailer for your slip and fall and your resulting injuries. You may contact your local bar association for referrals of specific attorneys.
Answered on Dec 15th, 2011 at 9:56 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You should get an attorney to help you. If the retailer was negligent in putting the water on the floor, or if they knew about the water and failed to do anything about it, then they would be liable for your medical bills, and you would also be entitled to recover for lost wages and pain and suffering.
Answered on Dec 15th, 2011 at 9:51 AM

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Hi and I hope youre getting better. Hands are important in a computer world. We just settled a Big Box retailer slip and fall case involving water leaking from the ceiling onto the entranceway floor just beyond the entry mat. Where, when, how and why there was water where you slipped makes all the difference in the world to where you can get the medical bills paid. I could go on with a long explanation but in the end Im still going to tell you to see a lawyer. If you want to read other blog posts Id suggest you go to my other two blogs: The Iowa Edict and the Lombardi Law Firm blog, I call the Verdict. On the Edict blog, look along the left column for Real Estate and click on it. With the Verdict, look along the left column for the heading Injury Property Defect Animals. Dont let the animals fool you; homeowners insurance usually covers pet or animal personal injury claims so thats why its there. Your case is a premise liability case against a commercial business, but its still a property claim. But it s complicated by what we dont know and a lawyer that understands real estate will need to discover some facts before he/she can properly advise you. Seek a lawyer who owns commercial real estate so you dont waste everyone s time and anger the manager where you shop. Frivolous cases do this system no good.
Answered on Dec 15th, 2011 at 9:20 AM

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Personal Injury -- Plaintiff Attorney serving Cleveland, OH at Mishkind Law Firm, Co., L.P.A.
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If the retailer had notice that the water was on the floor and it was not obvious to you as you shopped you may be able to pursue a personal Injury claim against the retailer. If you have not already consulted a personal Injury attorney I suggest you do so immediately to review the facts of your fall to determine how strong the facts are in your individual case.
Answered on Dec 15th, 2011 at 9:20 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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You may have an excellent case for both medical bills as well as pain and suffering damages.
Answered on Dec 15th, 2011 at 9:14 AM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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If it was water that should not have been there, then get an attorney asap. While slip and fall cases are difficult and disfavored, if there is a true hazard that could have been prevented and you suffered a significant injury, then you should have a viable claim against the store owner/operator.
Answered on Dec 15th, 2011 at 9:03 AM

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Disability Law Attorney serving Marshall, TX at Carlile Craig, L.L.P.
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You may bring a suit against the retailer if you can show that they were negligent. Slip and fall cases are difficult. You normally must show that the company knew, or should have know, of the water that caused you to fall.
Answered on Dec 15th, 2011 at 8:18 AM

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Personal Injury Attorney serving Spanish Fork, UT at Utah Legal Team
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You could bring a claim against the retailer. However, I would recommend contacting an attorney who specializes in accidents. Slip and fall accidents are some of the most difficult cases to win. If you took photos at the scene, make sure you keep them in a safe place where you will not lose them.
Answered on Dec 15th, 2011 at 12:14 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Where did the water come from? You may have waited too long to be able to prove your case. Video surveillance evidence may be destroyed or otherwise unavailable without a court order.
Answered on Dec 15th, 2011 at 12:12 AM

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Slip and fall injuries can be serious as yours has proven to be. The retailer may be responsible for the injury and its consequences if all the requirements of a slip and fall case can be proven. An experienced personal injury lawyer can assist you in this process. In Virginia, it is particularly important to seek such advice as contributory negligence is a complete defense and an attorney can advise you on whether the facts support your claim. It is important not to give a statement to anyone other than your personal injury attorney.
Answered on Dec 15th, 2011 at 12:11 AM

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Personal Injury Attorney serving Marietta, GA at Law Office of Ronald Arthur Lowry
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I assume that you mean that you slipped on water on the floor inside the retail store causing you to fall. This is a very serious matter. Some retailers have medical payments coverage ("med-pay") as part of the insurance covering the premises. This kind of coverage will pay medical bills up to a certain amount stated in the policy (usually $5,000 or $10,000) regardless of who was at fault. An attorney experienced in premises liability cases, which this is, would know that. If the lawyer you contact doesn't know about that, don't hire him/her as that lawyer is not knowledgeable about this kind of case.
Answered on Dec 14th, 2011 at 10:37 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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Assuming this fall occurred in Nebraska, the "major retailer" may be responsible for your medical bills and other damages. The following is a general overview. The specific facts involving your fall would permit a more thorough answer. Before the retailer would be responsible for your damages, you must prove they were at fault for your fall. The only exception is if the retailer carries Medical Payments Coverage, which would be paid, up to coverage limit, for your medical bills regardless of fault or liability. However, there is no requirement that they carry this insurance coverage. Generally, to prove liability for a fall on property you must prove: 1. That the defendant (the retailer) either put the water in the parking lot, knew of the water, or, by the exercise of reasonable care, would have discovered the water; 2. That the defendant should have realized that the water involved an unreasonable risk of harm to people on their property; 3. That the defendant should have expected that people either: would not discover or realize the danger; or would file to protect themselves against the danger posed by the water; and 4. That the defendant failed to use reasonable care to protect people from the danger posed by the water. Part of the answer as to who might be responsible depends on a number of questions involving the water, including, but not limited to: how large of area of water was it; what were the lighting conditions/ how visible was the water; how long was the water there; what was the source of the water being on the ground/floor; did the retailer have knowledge about the water before your fall. While you may not know the answers to these questions they would determine whether the retailer is liable for your injuries, medical expenses, pain, suffering and other damages. In addition, you would have to examine your own actions in determining whether you were 50% or more at fault. In Nebraska, to recover you must be less than 50% at fault for your fall. The main question as to your own possible fault would involve "lookout" and whether you were watching where you were walking. This answer and information is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forgo representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.
Answered on Dec 14th, 2011 at 10:23 PM

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General Civil Trial Practice Attorney serving Beaverton, OR at Vincent J. Bernabei, LLC
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It is possible that the retailer is responsible for your injuries. You should contact an attorney for a free initial consultation to determine whether the retailer is responsible. You don't explain where the water was or who put it there or whether the retailer knew or should have known it was there, so more information is needed.
Answered on Dec 14th, 2011 at 10:03 PM

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Personal Injury Attorney serving Boston, MA
2 Awards
It sounds like you are going through quite an ordeal. Unfortunately, you have not provided much information about the reason for your fall. You slipped on water, but you did not explain where this water came from. Was it a leak, or was it another patron who spilled water on the floor shortly before you got there?
Answered on Dec 14th, 2011 at 8:10 PM

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Civil Litigation Attorney serving Gadsden, AL at Ford, Howard & Cornett, P.C.
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If the water mentioned in your question was on the floor due to the negligence of the retailer, you may have a valid claim against the retailer not only for your medical bills but also for lost wages, pain and suffering, etc. For example, if an employee of the retailer spilled the water and failed to clean it up or warn customers of the wet floor, the retailer may be liable. The retailer could also be liable if the dangerous condition existed long enough such that the retailer should have know of the dangerous condition and failed to either warn or take corrective action. Customers of a retailer are invitees under Alabama law, and property owners may be liable to invitees for dangerous conditions on the property of which the owner knew or should have know. There are a lot of defenses to a slip and fall claim under Alabama law, and every case is fact specific. It is best to speak with an experienced attorney about the exact facts of your accident.
Answered on Dec 14th, 2011 at 8:09 PM

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Personal Injury Attorney serving Omaha, NE
You need to file a claim with the retailer's property insurance. You will likely also need to contact an injury lawyer, as insurance companies do not like to pay out on slip and fall claims. penalties.
Answered on Dec 14th, 2011 at 8:09 PM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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In order to get the bills paid, it would be necessary to file suit. Water in a store is an unsafe condition that will expose the store to liability for injury.
Answered on Dec 14th, 2011 at 5:14 PM

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First, I would inquire directly with the retailer and in particular find out whether their liability insurance carrier they have medical payments coverage which is payable for these types of slips regardless of who was at fault. For compensatory non-economic damages (pain & suffering), several questions would need to be determined including but not limited to; whether the retailer had notice of the slippery condition at their store; and if they did, whether they provided adequate warnings to you a customer (I assume you were a customer); whether the hazard was open and obvious. Of course, a full fact investigation would need to be conducted to determine whether there is a good case against the retailer.
Answered on Dec 14th, 2011 at 5:14 PM

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Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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Have you retained a lawyer? That's the first thing you should do. The retailer may have what is called medical pay insurance coverage, which pays a certain amount toward medical bills regardless of whether it was negligent or not. The amount is set by the policy. You may be able to sue the store for your pain and suffering, lost wages, and medical expenses, etc. The key is whether the store had actual or constructive notice of the water or whether the store caused the water to be there. Did you report the accident? Have you sent a demand that the store save any surveillance video? Hopefully it's not too late. Different stores keep surveillance for differing periods of time.
Answered on Dec 14th, 2011 at 5:12 PM

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