Owners of property usually have insurance. Occasionally written into their insurance policies are provisions, which permit the insurance company to pay out a certain amount of money for medical care, treatment, and other expenses that result because of a slip and fall, regardless of a lawsuit or any claim which may be anticipated.
These provisions are usually called “Med- pay” provisions. Different landlords or owners do have different Med- pay clauses and provisions in their insurance policy. However, sometimes there are no Med- pay provisions. If there is no Med- pay or not enough money in the insurance policy to cover immediate expenses, then the injured party must use his or her personal medical coverage to get the necessary care and treatment.
If an injured person has no medical insurance, there are steps that can be taken to make sure there will be monies available in order to help you get the medical care and treatment you need. Sometimes a medical provider will agree to wait to be paid for the medical services provided and the medical provider will agree to maintain a lien against the expected proceeds or settlement at the end of a case. What this means is that before you get paid your settlement or money award, the doctor or other health care provider must get paid first. As a last resort, loans can be taken out in the beginning to pay for care and treatment you need. Alternately, the person can apply for Medicaid or some other available public medical benefits.
It’s important to bring along any evidence of the conditions which caused the slip and fall accident. This obviously refers to photographs, any statements taken or signed by anyone at the scene who was responsible for the area, witness statements, the names of witnesses, or the names of the people who are employed or working at the location. Any identifying numbers or information to get police reports or other investigative agency reports would be pertinent, as well. The same is true regarding any medical information or documentation.
Note that when deciding what to give your attorney, common sense will tell you the more information and documentation you have to give, the better. More is always better than less. All relevant information is very helpful.
Do You Ever Deal with Clients who Feel Hesitant or Discouraged When Involved in a Slip and Fall Case?
Yes. Many clients are fearful or hesitant at the beginning, even though they want to assert their full rights in court and seek the only remedy they have: to make a claim, start a lawsuit and go through the court system.
Many of these people are hesitant and fearful because they are afraid of retribution from a big company, landlord, or building owner who they know they will continue to be in contact with in the future. What these people don’t realize is that they are protected under law from retribution from these people or companies. No person, landlord or company can prevent ordinary people from exercising their every right to obtain full and fair justice for any harms or losses incurred due to an accident.
If someone slips and falls in their apartment complex due to landlord negligence, the landlord should take responsibility for the accident that should not have happened. What the landlord cannot do is make it more difficult for the injured tenant to continue living there. We will make sure that does not happen as nobody should have to bear the burden of more stress and fear. In 30 years I haven’t come across any situation where our client was threatened or intimidated by a landlord for asserting his or her legal rights. There is nothing to fear. One thing has nothing to do with the other. However, some people do have this unwarranted fear. Some people are more hesitant than others.
Of course, it is natural to be upset and concerned when proceeding with a claim and litigation because it is foreign to many people. However, with lawyers behind you and fighting for you we are also there to protect you so you should never be discouraged from standing up for yourself.
For more information on Payment of Medical Bills, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (212) 689-5000 today.