When we visit the mall, we trust that the owner or groundskeepers will keep the property safe for us. This includes treating and removing dangerous accumulations of snow and ice on the sidewalks. Most of the time, the person or entity in charge properly does so. However, this is not always the case. Sometimes the sidewalk or parking lot isn’t properly maintained, which can result in a slip and fall to the ground and serious personal injuries–from broken bones to a knee injury, dislocated shoulder, head injury or worse.
Slip and fall victims may be confronted with thousands of dollars in medical bills resulting from treatment of their injuries. These medical bills may result from emergency room visits, ambulance charges, orthopedic appointments, physical therapy, medications, and sometimes surgery. Frequently, slip and fall victims are lose time from work. How is the injured victim going to pay for his or her medical treatment?
If the victim was injured while getting out of, or into his car, it is possible that the individual’s own insurance policy, under the so called “No Fault” coverage, will pay the medical bills (and some lost wages) incurred. Whether such coverage is triggered is very factually specific, so a call to the insurance agent, or company providing coverage, is recommended.
If the accident occurred in the course and scope of one’s employment, it is also possible that workers’ compensation insurance will cover the medical bills and some portion of lost wages. The worker should contact the human resources department immediately to determine whether to file a claim.
The next potential source to consider is one’s own private insurance. Where the above sources of payment aren’t available, private insurance is for just this type of event. Alternatively, if the injured person is eligible to receive Medicare or Medicaid benefits, this is a resource to be tapped.
If none of these resources are available, contact can be established with the liability carrier for the property where the accident occurred. Most businesses carry insurance for injuries of this type that occur on their property, such as those occurring as the result of a slip and fall. However, the typical commercial liability policy provides only limited coverage for medical bills—typically not more than $5,000.
Whether or not the injured person intends to contact the property owner or management company, consider whether fault for the accident lies in whole or in part with the premises owner or those involved in maintaining the property. This issue may not be easily determined, and involves careful analysis of the laws governing the legal duty of a property owner to maintain his premises in a safe condition. This duty is dependent upon a number of factors, including weather conditions, the location of the accident and various other facts.
These issues are best addressed by an attorney with significant experience in handling personal injury claims—someone who has litigated and settled thousands of claims—someone known and respected by the insurance companies and their lawyers who defend the businesses that own the premises.
If you have been involved in a slip and fall accident, in Albany or anywhere in the Capital District, you may be entitled to compensation. The personal injury attorneys at Anderson, Moschetti and Taffany handle cases throughout the Capital District. As practicing accident attorneys with decades of experience and record setting verdicts and settlements, we will work hard to obtain full compensation for you or a loved one. Call us at 518-328-4486 today for a free consultation. We will explain your rights and answer your questions. You can also contact us through the form on our website, or by using Live Chat.