Legal Question in Insurance Law in Illinois

Re: slip / fall on property of deceased

QUESTION:

My mother inhareted the home and contents of a deceased friend. I was asked to come help her load contents of the garage to be moved and sold. While loadeng a lawn mower into a truck, I sliped and injured my knee. The mower had leaked oil on the floor. My mother told the insurence people that she was aware of the oil, But forgot to clean it up. They stated they would assume liability, and would settle when I was completly through with treatment. Now that I have completed treatment, They are questioning liability. The home owners policy was paid at the time of the fall, but was in the name of the deceased. Are they responsable to cover my injury? I have a year of lost wages and 17,000 + in med bills, with no med. coveage. Please help!

ANSWER:

The problem seems to lie in the fact that the witness to the accident is your Mother combined with the fact that you did not work for a year after the accident.

I have had many cases of hard-working clients who have knee replacements, ACL reconstructions, etc. and I can count on one hand the number of times they were off of work for a year.

Therefore, I suspect that the insurance company feels that you have exaggerated your injury thereby making you less credible in claim where credibility is key.

I suggest that you speak with a lawyer in person as quickly as possible. You would need to bring your medical records from five years before the accident (to prove you did not have the problem before the fall) and all of the medical records justifying your lost wages and need for surgery.

It would be helpful if there is an ambulance report form the scene to the hospital or medical records which clearly set forth the history of the injury consistent with your version of the fall.

Once the injury is better documented then the risk to the insurance company is better evaluated and you will hopefully be able to convince an adjuster to reevaluate the claim and compensate you for your injury.

Good luck,

Matt Belcher

Re: slip / fall on property of deceased

The insurer should be responsible for

your injury.

They policy probably has both medical payments coverage and liability coverage.

The medical payments coverage would pay for medical expenses.

The liability coverage would pay for lost wages, pain and suffering and disability.

If the insurer refused to pay voluntarily, a lawsuit would have to be filed.

We have years of experience with cases like yours.

Please contact us for a free consultation.

Scott Blumenshine

Law Offices of Meyer and Blumenshine