Should I hire a lawyer if my medical expenses from my personal injury will not be covered? - Accident Law Questions and Answers- LawQA.com

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Should I hire a lawyer if my medical expenses from my personal injury will not be covered?

I fell down a flight of stairs at a local county fair breaking my wrist and dislocating my elbow. They won't cover any medical expenses, because I was a volunteer. Should I hire a lawyer?

Answer By Josh Lamborn
The Law Office of Josh Lamborn, P.C.
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If you were an employee, you would likely be covered by worker's compensation insurance. Since you were just a volunteer you are not covered and that is why they are refusing to pay your medicals. You should probably consult with a personal injury attorney just to see if you have a case. From the facts you gave here it is impossible to tell. If you just fell because you are a klutz, then don't bother hiring an attorney. You are responsible for paying your own medical bills when you are at fault for your injury. If there was something about the stairs that was defective or in disrepair that caused you to fall, then you may have a case and you should hire an attorney.

Answer Applies to: Oregon
Replied: 9/18/2011

Answer By Patrick M Lamar
Patrick M Lamar Attorney
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It never hurts, but I do not have enough facts to discuss your claim.

Answer Applies to: Alabama
Replied: 9/15/2011

Answer By Scott Anderson
Anderson & Bliven P.C.
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I believe you need to check into two particular issues: 1. Most City/Counties pay for workers' compensation for official volunteer. You should consult a local attorney to find out if you are covered. 2. Since you indicated that they will not cover your medical expenses the only other way that I can see to recover medical expenses absent using your health insurance would be if there was any negligence such as defective surface that caused your fall. Many lawyers will provide some limited investigation to determine if there is liability as part of a case evaluation if you have very serious injuries. If you are not seriously injured such as broken bones or permanent damage it is unlikely your local attorney would want to take on the County/City of a matter such as this in Montana. For more information on slip and fall liability in Montana you can look at our website www.anderson-bliven.com. Go to the main page, click practice areas, click slip and fall in the left hand column.

Answer Applies to: Montana
Replied: 9/15/2011

Answer By Jeffrey Unger
The Unger Law Firm
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I would strongly suggest you speak with an attorney. In Missouri, volunteers are not generally covered under the Workers' Compensation Act, however there may be civil liability in which the injured person can recover. An experienced personal injury attorney can review the facts of your case and determine whether or not you have a cause of action.

Answer Applies to: Missouri
Replied: 9/15/2011

Dwyer, Black & Lyle, LLP
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Do you have private health insurance? If so, submit your bills there. Also, the facility that you fell at may have something called Medical Payments coverage or MedPay. If so, they may help you with your bills. Lastly, the event itself likely has insurance coverage so you may be able to submit your bills there too. Now, if there was a defective condition, i.e. something wrong with the stairs or the building, etc., that caused you to fall you need to seek a personal injury attorney. Otherwise, just try to get your bills paid and do your best to get healthy again.

Answer Applies to: New York
Replied: 9/15/2011

Answer By Luke T. Pepper
LT Pepper Law
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You should hire a lawyer to determine whether the property was maintained in the proper fashion. If not there may be a claim to be made against the property owner's insurance.

Answer Applies to: Pennsylvania
Replied: 9/15/2011

Paul Whitfield and Associates P.A.
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You have to prove your fall was as a result of someones fault to collect in a liability claim. If the fair people have medical payment coverage you will likely have your bills paid. If they don't have this coverage you have to deal with the fault issue.

Answer Applies to: North Carolina
Replied: 9/15/2011

Answer By Andrew Velonis
Andrew T. Velonis, P.C.
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You would have to prove that there was some known defect of the stairs that caused you to fall like spillage, loose step, absent or defective railing, etc. All property owners are responsible for keeping their property in reasonably safe condition. If the property owner knew or should have known of the hazard and failed to take steps to correct it, even though there was time to do so, then they can be held legally liable for injuries that could foresee-ably result. Of course, evidence for all of those factors will be required.

Answer Applies to: New York
Replied: 9/15/2011

Answer By James P Kelaher
Kelaher Law Offices, P.A.
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Yes. If you were a volunteer and they contend workers comp won't cover you, then you have the right to bring a personal injury claim against them if you can show they were negligent, i.e. either doing something a reasonable person wouldn't do or failing to do something a reasonable person would do.

Answer Applies to: Florida
Replied: 9/15/2011

David F. Stoddard
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You should at least consult an attorney to find out if you have legal recourse. They may be liable in worker's compensation despite the fact that you are a volunteer, or for negligence if there was a dangerous condition that caused the accident.

Answer Applies to: South Carolina
Replied: 9/14/2011

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