The holiday season in Florida is a time for bustling markets, festive shopping, and crowded aisles. From the local shops in Tallahassee to major retailers across the state, the increase in foot traffic often leads to an increase in slip-and-fall accidents.
Whether it was a spilled drink in a grocery aisle or a loose floor mat near a seasonal display, a sudden fall can change your life in an instant. Once the initial shock wears off, one question usually takes center stage: How am I going to pay for these medical bills?
If you are worried about rising healthcare costs after a fall, you aren’t alone. Understanding your options is the first step toward regaining your financial stability.
1. Use Your Own Health Insurance First
It may feel counterintuitive to use your own insurance for an accident someone else caused, but in Florida, this is often the most efficient way to ensure you receive immediate care.
- Immediate Coverage: Your health insurance can cover emergency room visits, imaging, and initial treatments without waiting for a legal settlement.
- The Right to Subrogation: If you later win a settlement from the store, your health insurance provider may have a right to be reimbursed for what they paid. This is a process known as subrogation.
2. Proving the Property Was Unsafe
To get a store’s insurance company to pay for your bills, you have to show that the business was at fault. Under Florida law, simply falling on someone’s property doesn’t automatically mean they have to pay.
Think of it this way: the store has a duty to keep their premises safe. To hold the store responsible, you generally need to show two things:
- A Hazard Existed: There was a spilled liquid, a broken tile, or an unsecured mat that shouldn't have been there.
- The Store Should Have Known About It: This is often the trickiest part in proving a premises liability claim. You have to show the store either knew about the mess or it had been there long enough that they should have discovered it during a routine check.
3. Florida’s New Modified Comparative Negligence Rule
If you are seeking compensation after a slip and fall accident, it is vital to understand a major shift in Florida law. As of 2023, Florida moved to a modified comparative negligence standard.
- The 50% Threshold: If a jury finds you are more than 50% responsible for your own fall (for example, maybe you were looking at your phone or ignored a wet floor sign), you may be barred from recovering any damages at all.
- Reduced Awards: If you are 30% at fault, your total compensation for medical bills will be reduced by that 30%. Because the stakes are now higher, documenting the scene is more critical than ever.
4. Immediate Steps to Protect Your Future Following a Slip and Fall Accident
The actions you take in the minutes following a fall can determine whether your medical bills are covered or if they come out of your own pocket.
- Report the Incident: Always ask for a manager and ensure an official incident report is filed. Do not leave the store without a copy or at least the names of those involved.
- Capture the Fall Hazard: If you are physically able, take photos or video of exactly what caused you to fall. If there was no Wet Floor sign, for example, document that absence.
- Seek Medical Care Immediately: Even if you feel fine, some injuries like concussions or internal bruising don't appear for hours or days. A gap in treatment gives insurance companies an excuse to claim your injury wasn't related to the fall.
- Identify Witnesses: Collect the names and phone numbers of anyone who saw the fall or the hazard.
5. How a Personal Injury Lawyer Helps Manage the Bills Following a Fall
Navigating the reality of a serious fall injury requires more than just filing a claim. A dedicated legal team in Tallahassee and beyond can help you bridge the gap between injury and recovery:
- Evidence Gathering: We move quickly to preserve surveillance footage before it is erased or overwritten.
- Negotiating Liens: If medical providers place a lien on your eventual settlement, your attorney can often negotiate those costs down so more money stays in your pocket.
- Calculating Future Costs: A fall can lead to long-term physical therapy or future surgeries. We ensure your claim accounts for what you will owe tomorrow, not just what you owe today.
When There is Too Much at Stake, Brooks, LeBoeuf, Foster, Gwartney, & Hobbs is Here to Advocate For You.
Medical bills shouldn't be the new normal for your family after a preventable slip and fall accident. At Brooks, LeBoeuf, Foster, Gwartney, & Hobbs, we have spent decades representing the residents of Tallahassee and communities throughout Florida.
Our experienced personal injury attorneys understand how to hold negligent retailers accountable. Call us today at 850-605-3555 or fill out our online contact form for a free consultation. Let us handle the insurance adjusters while you focus on your recovery. Our team is available to you 24/7.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.