Legal Question in Personal Injury in Missouri
Mother's Fall At Church
On 24 July 2004, my mother tripped & fell at her church off the last step coming down the stage. Her fall could have been prevented if a handrail was available, since the pews she typically used to steady herself were removed that nite. After fall, asked a member to call her husband, my father, & he took her immediately to emergency room.
1.Departed hospital 25 July 2004 in am with Dr. giving instructions of care. All Dr. instructions, getting care in a reasonable amount of time is barely occuring. She is demanding care, & they are not giving up. Medicare/Medicaid only offers certain providers & not available when needed. Extensive pestering has gotten her care so far. MRI that showed rips in rotator cuff in her shoulder.
2.Church insurance is requiring any & all injuries prior to incident before any payment. Church only carries $5,000 insurance & parents request payment 16.00.
3.About 6 years ago, church members constructed without a building permit, a platform entry with several levels to the front of the stage without any handrails that was recommended by my father, to be done later.
4.Father readdressed the handrails issue & probably not in code. Church will not install since she is the only one to fall,
3 Answers from Attorneys
Re: Mother's Fall At Church
She and the family should ABSOLUTELY NOT TALK AT ALL to anyone at the church (or their insurer). They may have a strong case and talking to them could severely harm the case. They should immediately take LOTS of pictures, and be sure they are dated by the photo lab, of both her injuries and the church. They should not after that go back to the church at all. IMMEDIATELY, they should get an experienced personal injury lawyer in the city where this happened. The lawyer will not only help with the claim, but also can make medical referrals.
Most importantly, they HAVE to stop talking with the church. And she needs to get appropriate medical care - again the lawyer will help arrange that.
Re: Mother's Fall At Church
I'm very sorry to hear about your Mother's fall. It sounds like a combination of bad luck and poor safety by the church, and your mom is the innocent victim.
As for insurance coverage, the $5000 is almost certainly a medical payments policy - that means that it is available to pay your Mom's hospital bills and other care expenses no matter who was at fault. Upon request, the insuror should pay that automatically; the insuror is entitled to see some past medical history to confirm that its paying for this injury and not a pre-existing condition. Unfortunately, the insuror often uses that right to try to create evidence to defend a bigger claim.
The bigger claim brings up the other kind of insurance coverage the church almost certainly has - liablity coverage. The amount of that coverage normally is at least $100,000, and usually much higher. To get access to those funds, the fault of the church or its employees must be proven (unlike the medical payments coverage, which is "no fault").
I'd be glad to discuss these issues with you and advise you of options. Our toll free number is (800) 962-5363. Ask for me or attorney Jeff Heinrichs.
Re: Mother's Fall At Church
I think you should immediately contact a local attorney. I would withhold all communications with anyone else until you have legal advice. If you are in my area, please feel free to give me a call.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
