If like Harry and Marv (the would-be thieves) in Home Alone, you fell down icy steps and were injured, who would pay your medical bills? Generally speaking, the party responsible for your injuries should pay the medical bills.
In Pennsylvania, factors that determine fault in a premises liability claim include where the incident happened, who was responsible for the property, and if the plaintiff contributed to the accident.
In determining who will pay the medical bills you will need to determine:
- Who is responsible for the injuries?
- What will they pay?
- When will they pay?
Aversa & Linn can guide you through this difficult and often confusing process. Contact us today for help in evaluating your case and protecting your rights.
Who is responsible?
The general rule in Pennsylvania is: if you are injured on someone else’s property, you may have a premises liability claim against the property owner if the injury was due to wrongdoing or negligence on the owner’s part. Therefore, to determine who is responsible you need to assess where the incident happened, who was responsible for the property, and who contributed to the accident. These answers may seem straightforward, but there are often things people don’t consider.
To understand this better, let’s look at Home Alone, the classic tale of 8-year-old Kevin McAllister who has to protect his home against burglars when he is accidentally left home alone during Christmas vacation. Kevin plants all kinds of booby traps for the would-be thieves, Harry and Marv, who suffer all kinds of injuries as a result.
In one scene, Kevin purposefully poured water on the steps to protect himself from intruders. As a result, Harry and Marv fell down the steps and suffered injuries, but who was responsible for the property at the time? A child isn’t responsible for their family’s property, but Kevin’s parents could be held liable for injuries that occurred. This is true even though Harry and Marv were trespassing because a property owner can’t intentionally inflict injury on a trespasser, and Kevin did intentionally harm them.
What will they pay?
In Pennsylvania, you may be able to recover damages in a premises liability claim for medical bills, lost wages or loss of future earning capacity, and non-economic damages like pain and suffering, and loss of consortium.
A lawsuit’s goal is to compensate the plaintiff with a monetary award or settlement so that the plaintiff is restored to their condition before the injuries/accident took place. Plaintiffs make claims for both economic damages (for example, plaintiff missed time from work and lost income) and non-economic damages (plaintiff experienced pain and suffering).
Regarding medical bills, plaintiffs can be compensated for the out-of-pocket doctor bills and other medical expenses (hospital stays, therapy, tests) that have already been incurred as well as those expenses the plaintiff will need to pay in the future because of their injuries. The plaintiff’s health insurance carrier can also be reimbursed for any costs they have paid with respect to the injuries.
In cases involving serious injuries, the plaintiff may need a lifetime of medical care resulting in a lifetime of medical expenses. All of those expenses should be paid by the defendant even if they won’t be incurred until years later.
When will the medical bills be paid?
It is important to understand that generally speaking you are responsible for paying the medical bills as you incur them until an insurance claim or lawsuit is resolved. Some providers will wait for payment, but some providers will put unpaid bills in collections. That is why it is important to address bills as they are received.
Some businesses and property owners have insurance that will pay medical bills immediately. Sometimes you will need to sue the property owner to obtain payment of the medical bills. Some premises liability policies will pay medical bills regardless of fault.
An experienced premises liability lawyer understands all the details about different kinds of insurance, and can advise you what your rights and responsibilities are during the claim process.
Who will pay Harry and Marv’s medical bills?
Using our Home Alone example, If the McAllisters’ insurance allows medical bills to be paid immediately, and the fault is clearly theirs, it’s possible those medical bills will be paid. But if the homeowner’s insurance doesn’t allow for immediate payment or if it isn’t clear who was at fault, Harry and Marv may need to bring a lawsuit, and will be responsible for all medical bills in the meantime.
Premises liability claims are often more complicated than they first appear. An experienced lawyer will advocate for the best outcome and guide you through the process. Contact Aversa & Linn today for help in evaluating your case and protecting your rights.
