Legal Question in Personal Injury in Wisconsin
Bad trip (fall)
Mom tripped over a cement ''car stop'' in a hospital parking lot. (Badly broke her hand/arm/nose). Although the hospital's claim representative felt they are not liable, they state they will pay medical expenses (up to $10,000) ''regardless of fault''. What can we be reimbursed for other than the remainder of the bills that medicare doesn't cover? Can we claim lost wages/mileage for those that drove her to her numerous appointments, etc?
2 Answers from Attorneys
Re: Bad trip (fall)
This response does not constitute legal advice. You are encouraged to seek the advice of an attorney for a complete answer to your question.
It's entirely up to the hospital. I'm quite amazed they agreed to pay anything. These types of cases are extremely difficult to prevail in, and I think the major roadblock is proving the car stop constituted a "dangerous condition".
It wouldn't hurt submitting the mileage and wages, but they'll less likely reimburse wages without a showing of a record from the employer showing time missed and hourly rate - it's a stretch. Expenses should be those that cost your mother, not you.
Re: Bad trip (fall)
It sounds to me like the hospital has an insurance policy that provides $10,000 of medical payments coverage to people injured on the hospital grounds. The money is available to the injured person regardless of fault. Depending upon the language of the insurance policy held by the hospital, I think that you should submit anything that could reasonably be construed as a medical expense, including mileage. If the insurer determines that such expenses are not covered, so be it. It does not hurt to try.