Medical Expenses in Slip and Fall Cases

Getting hurt on someone else’s property is a common occurrence in a big city like Chicago. Property owners have a certain level of responsibility to exercise reasonable care and prevent people on their properties from getting hurt. Medical expenses in slip and fall cases are one of the most common side effects of these situations.

Serious injuries sustained in a slip and fall accident can cause a lot of stress for the victim. You may have to pay for medical exams, check-ups, appointments, medications, surgery, and other forms of treatment. As the medical bills pile up, you may find yourself in a deep financial hole because of the property owner’s negligence. 

Proving negligence in a slip and fall accident can be challenging without the assistance of legal representation. Slip & Fall Injury Lawyers can guide you through the claims process for a higher chance of recovering compensation.

Who Pays for Medical Bills After a Slip and Fall Accident?

Slip and fall accidents can occur almost anywhere. You may fall while walking near Soldier Field, visiting a close friend at their house, or even while shopping at Green City Market. If there is a temporary or permanent hazard present, you could slip or trip because of that hazard and get seriously hurt. 

Determining the liable party for your slip and fall injuries will be a key element in your claim. Here are some potential responsible parties in slip and fall accident cases:

• A private resident owner who fails to maintain the front steps to their doorway, causing a visitor to fall through a rotted wood board
• A grocery store owner failing to hire enough custodial staff to deal with spills, which are fall risks
• A contractor who fails to uphold safety protocols on a construction site, such as using an extension cord in an unsafe location
• A business owner who has neglected an uneven sidewalk in front of their building, resulting in a passerby tripping and breaking their arm
• An employer whose worker falls on loose debris that should have been cleaned up, leading to a workers’ compensation claim
• The city of Chicago for failing to repair broken pavement in a crosswalk that causes a pedestrian to trip and get hurt

How Do I Prove Property Owner’s Negligence?

Proving someone else’s negligence for slip and fall injuries is a challenging task. The burden of proof for a personal injury claim is not as strict as a criminal proceeding. However, you must prove that the defendant is “more likely than not” at fault for your suffering. This will require compelling evidence to support your claim, such as medical records, eyewitness statements, incident reports, expert testimony, and photos or videos from the accident scene. 

The legal definition of negligence includes four elements. Your claim must prove that these factors are present in your case:

• Duty of care – The defendant had a level of responsibility to prevent injury to the plaintiff
• Breach of duty – Through action or inaction, the defendant violated their duty of care and put the defendant in harm’s way
• Causation – There is a causal link between the defendant’s actions and the suffering of the slip and fall accident victim
• Legal damages – The victim suffered from economic or non-economic damages as a direct result of the defendant’s actions

How to Cover Immediate Medical Treatment Costs

Medical bills can be a huge financial burden if you get hurt on a Chicago property. Whether you suffered broken bones, a traumatic brain injury, spinal cord damage, or internal bleeding, you will need medical programs to diagnose and treat your injuries. Even if you have a strong chance of winning a fair settlement from your slip and fall claim, many of these medical bills must be paid long before the verdict is reached. 

You can pay for your current medical treatment with two methods: health insurance or medical liens. Let’s talk about these methods in more detail to help you understand your options for paying medical bills before the settlement. 

Health Insurance

In many cases, a health insurance provider will cover many of the costs of your treatment under your policy. Every month, you pay a certain fee to retain your health insurance policy, and if you use covered services, they will be covered by that insurance. 

However, this option has certain limitations. First, the nature of your injuries may not be included in your policy terms. Second, the extent of the damage may mean that your health insurance is insufficient to cover all medical bills. If your medical costs are too great or not covered by insurance, you will need an alternative strategy for paying for these medical services. 

Medical Liens

For slip and fall injuries, medical liens can help pay for the cost of your diagnosis, treatment, rehabilitation, and therapy needs. A medical lien is a legal right that a healthcare insurer or provider has to a portion of an injury victim’s settlement. If you are suing the at-fault party to recover compensation for your slip and fall injuries, the providers that helped treat you can recoup most of their costs from the settlement with medical liens. 

According to state law 770 ILCS 23/10, there is a limit to the amount of money liens can account for in Illinois. The total amount of liens cannot exceed 40% of the total settlement for the victim. Therefore, there is no scenario in which all your compensation will be used to cover medical treatment bills through a medical lien. 

Can I Be Compensated for Future Medical Bills?

Even if you win medical payments coverage for your past treatment, what about the ongoing costs of your injuries once the verdict is settled? Fortunately, past medical expenses are not the only economic damage you can claim with a successful lawsuit.

Future medical bills can also be included in your lawsuit. You will need proof from a doctor that your injuries require ongoing treatment or therapy. With the right evidence and top-rated personal injury attorneys on your side, you can seek compensation to cover medical expenses in the future. 

How Long Do I Have to Recover Medical Expenses for a Slip and Fall Injury in Illinois?

The statute of limitations in Illinois governs how long you have to file a personal injury case to pursue fair compensation. State law 735 ILCS 5/13-202 allows slip and fall victims two years to seek compensation.

How to Strengthen Your Slip and Fall Claim

After a slip and fall incident, taking the right steps can make all the difference in the outcome of your lawsuit. The slightest misstep could undermine your case and make it impossible to obtain the compensation you deserve. Whether the property owner failed to take reasonable care to prevent injuries may not matter if you follow the wrong path after the incident. 

Here are the important steps you must take the moment you get hurt because of someone else’s negligence:

• Assess your injuries
• Identify the cause of the incident
• Seek medical attention immediately
• Gather information from the scene, such as property owner contacts
• Collect evidence, such as photos, videos, and witness statements
• Follow up with a doctor for diagnosis and treatment
• Retain all medical records and data related to your injuries and legal damages
• Consult the best personal injury attorneys in Chicago for guidance during the legal process

Common Defenses and Tactics Insurance Companies Use

Insurance companies and defense teams will use many tactics to avoid a large settlement. An insurance company may offer a low initial settlement to tempt you with fast cash that can help with medical bills. However, these early offers are typically far less than the total damages would cost with the assistance of an experienced lawyer. 

The defendant’s lawyer may attempt to argue comparative negligence, suggesting that you were partially at fault for the incident and therefore not eligible for damages. This is why having your own legal representative to gather evidence and build a strong case is essential. 

How a Slip and Fall Attorney Can Help

Slip & Fall Injury Lawyers is a top-rated law firm in Chicago that specializes in slip and fall claims. Our firm has an A+ rating from the Better Business Bureau and a five-star rating from AVVO. We have also recovered over $450 million for 5,000 clients at a 98% success rate, so you are in good hands with our personal injury attorneys. 

How We’ve Helped Clients Cover Medical Bills

Our firm has worked with numerous slip and fall clients to help them recover damages, including medical bills, lost wages, future medical care costs, physical pain and suffering, and emotional distress. 

Here are some settlements we have secured in the past:

• $1.5 million – Harold was heading down the stairs of his apartment building when he lost his footing and tumbled down an entire flight. Investigators found that the stair railings were loose and the steps failed to meet city code requirements. His case settled for $1,500,000.
• $1.2 million – While shopping at a major retail chain, Angela slipped on a puddle of spilled food that had been left unattended. She fell hard onto the tile floor and broke her arm in two places. Her legal team secured a $1,200,000 recovery.
• $1 million – Derrick was walking through an office building when he tripped over an unsecured extension cord, falling forward and fracturing both his wrist and hand. The cord had been carelessly left stretched across a hallway. He received a $1,000,000 settlement for his injuries.
• $835,100 – Tasha was descending the back stairwell of her Chicago apartment building when a loose step gave way, causing her to fall and seriously injure her back. The stairwell had not been properly maintained for years. She was awarded $835,100 in a slip and fall settlement.
• $710,868 – Ryan, an office assistant, was walking through his building when he slipped on a strip of carpet padding left behind by a construction crew. He suffered a painful knee injury that required surgery. His case settled for $710,868.

Book a Free Consultation

Slip and fall injuries can turn your life upside down. To fully recover from your injuries, you may incur costs for emergency room visits, surgery, medications, follow-up appointments, sessions with physical therapists, and more. These medical expenses can put you in deep financial stress. 

A successful premises liability case can ensure your financial future is secure, covering medical bills and other losses that resulted from your potentially life-threatening injuries. Slip & Fall Injury Lawyers will guide you through the claims process to increase your chances of maximum compensation. We work on a contingency fee basis, so you owe nothing unless we win. 

Contact us today to request your free consultation.