What are my rights to reimbursement for medical bills incurred as a result of a slip and fall?

UPDATED: Aug 7, 2011

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What are my rights to reimbursement for medical bills incurred as a result of a slip and fall?

I tripped and fell in a store and broke 3 bones and dislocated my right wrist. I have to have surgery in 2 days. The rep for the store called and said they don’t have to pay for my medical bills. Is this correct? They told me I have to turn it into my insurance. Is that true? What can I do? All I want aremy medical bills paid for.

Asked on August 7, 2011 Minnesota


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The information from the store's representative is wrong.  The store is liable for your injury and for your medical bills.  When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, obtain your medical bills, medical reports, and documentation of any wage loss.  Your personal injury claim consisting of the medical bills, medical reports, and wage loss should be filed with the insurance carrier for the store.  Compensation for medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the store's insurance carrier, file your lawsuit for negligence against the store.  If the case is not settled, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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