Legal Question in Personal Injury in Illinois
I have a disabled friend who is on a very low-income $750/month. My friend now doesn't know where to turn in getting his medical bills paid for from a accident that occurred on April 12th where he had slipped in water and fell backwards onto his mid-lower back onto a toliet seat, breaking the toliet seat away from the wall in a Jewel-Osco bathroom. He waited on the floor for someone to come to his aid. After 5 minutes, he got up by himself. Afterwards, the management got him a water and filled out paperwork concerning the accident. In the meantime, management had the workers cleanup the bathroom, so all the scene of the accident had changed by the time I had asked him if he took pictures. He hadn't. As soon as possible, I picked him up to take him home. While waiting for me, he called the chiropractor to get reevaluated. Just that day of the accident, he had gotten reevaluated from a previous treatment for a back injury (2 herniated disks) where we was only going to the chiro 2-3 times per week pretty much on the road to recovery. He got reevaluated from the slip @ Jewel and the chiro stated that he was much worse than he was 2 months (Feb 22) prior when he started going there. Since it was an accident, the chiro won't bill his medical insurance. Priro to calling him, Jewel had already researched his history and knew about a car wreck that he was in on November 20, 2010 and McDonalds hepatitis A lawsuit. Now, Jewel wants a 2 year medical history (high blood pressure, 2 herniated disks, history of seizure, diabetes) and they told him they just have liability insurance no medical insurance. He has already over $700 in chiropractor bills from this accident. How is the best way to get these medical bills paid for. $700 is one month's income for this person. Do we sign a release for the medical history?
I greatly appreciate your time in answering this question.
4 Answers from Attorneys
The situation that you described is far too complicated for this forum. I suggest that you have your frined contact the attorney who is handling the car wreck and the McDonald's lawsuit as that attorney would be in the best position to evaluate things. That being said, I suggest that your friend instruct the chiropractor to bill the medical carrier or in the alternative, your friend can submit a claim directly to his own medical carrier.
Your friend needs to contact an attorney before he signs anything. Generally the medical release forms gives them permission to go on a fishing expedition and get medical records not only for the past two years but forever--since he was born!
Have your friend call my office. I will spend some time with him to sift through whats what and what is the best way to proceed. I won't charge him for the consultation (first consults are always free).
I hope this helps
You friend needs to consult with an attorney.
I agree with the other attorneys on this site that your situation is complicated and an attorney will have to sort things out with you.
Feel free to contact me with any questions you may have.
312-532-8554 OR [email protected]
Dear Sirs,
You would need to take a number of steps quickly to protect your friend's rights. For instance, there may be video tapes from cameras in the store. These would need to be preserved.
Please call us should you wish to speak to an attorney. (312) 977--9900
Many thanks,
John C. Wunsch
Law Offices
JOHN C. WUNSCH, P.C.
4.28.10
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