What damages will I receive after a slip and fall?

Posted February 6th, 2014 by .

Categories: Personal Injury, Slip and Falls.

The first question that we answer from a perspective client in a slip and fall case is about the medical bills.  No one plans on getting injured from a slip and fall.  Regrettably, these things happen.

So, who does pay the medical bills incurred when a slip and fall results in injury?  Typically, there are five different resources that are available to pay medical bills resulting from a slip and fall case:

  1. The first is known as med pay.  Many insurance policies carry a provision that will pay for medical expenses incurred by a patron who was injured in a slip and fall on their premises.
  2. Homeowners insurance also carries a provision to pay medical expenses incurred from a slip and fall injury.  Similar to med pay the coverable is usually limited and requires that the injury from the slip and fall occurred on the property covered by the policy.
  3. Private health insurance companies will cover medical expenses arising out of injuries from a slip and fall case.  But be careful, many of these companies will seek to assert a lien on the proceeds of any money you recover in a slip and fall case.  This means that before you recover any money from your slip and fall case the insurance company that paid your medical bills wants to be made whole.  Usually, in order for the insurance company to assert a valid lien on the proceeds of your slip and fall case they have to establish that it is an Erisa Lien.
  4. Recently, private funding companies such as Plaintiffs Investment Funding have emerged as a new source of revenue available to pay medical expenses resulting from injuries in a slip and fall case.  Typically, these companies will, with the aide of an attorney, evaluate your slip and fall case and determine how much money they are willing to risk in paying your medical bills.  Once this determination is made, the funding company will pay for your treatment and/or testing from injuries due to a slip and fall.  Payment is due to the funding company only after you settle or receive a judgment on your slip and fall case.  If you are not successful on your slip and fall case then  there is no fee owed to the funding company.
  5. Finally, lawyers can offer a letter of protection to the doctor; hospital and diagnostic center who is treating the injuries sustained from the slip and fall.  The letter of protection gives the doctor or medical facility a lien on any recovery you receive from your slip and fall case.  In this scenario both the lawyer and the medical provider are taking a risk that you are going to recover damages from your slip and fall case.

Remember, if you have been injured in a slip and fall and do not want to pursue the case because you are afraid of the medical bills, consider the options outlined above.  The Law Offices of Anthony Carbone, PC has been representing clients in slip and fall cases for 25 years.  If you sustained an injury from a slip and fall contact us today.  Let us help you get the medical treatment and damages you deserve.

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