
You slip on a wet floor at the grocery store and fall hard. Within hours, you are facing thousands of dollars in medical bills.
Who is responsible for paying them?
The answer depends on several factors, including your insurance coverage, the property owner’s policy, and whether you can prove negligence.
When you fall on someone else’s property, you are initially responsible for paying your medical bills. The property owner does not automatically pay your expenses.
Oklahoma law requires you to pay bills first, then seek reimbursement through a settlement or court judgment.
You need to pay your bills through:
If you prove the property owner was negligent, you can recover these costs through a settlement or lawsuit.
Some commercial and homeowner’s insurance policies include medical payments coverage, which pays medical bills up to a certain limit regardless of fault.
Medical payments coverage typically ranges from $1,000 to $5,000. You do not need to prove negligence, only that you were injured on the property.
This coverage helps with emergency room visits and initial treatment but rarely covers surgery, physical therapy, or long-term care.
Accepting medical payment coverage does not waive your right to file a larger claim later, despite what some property owners may suggest.
Most people use their health insurance to cover medical bills after a slip and fall. However, health insurance companies have a right called subrogation.
Subrogation allows your health insurance company to recover money they paid for your treatment from any settlement or judgment you receive. If your insurer paid $15,000 in medical bills and you settle for $50,000, they may claim repayment of that $15,000.
This applies to Medicare, Medicaid, and private insurance. An experienced attorney can often negotiate these subrogation claims to reduce the amount you must repay.
If you do not have health insurance or cannot afford your deductible, you may arrange treatment through a medical lien or letter of protection.
Medical liens allow doctors and hospitals to treat you with deferred payment. The provider files a lien against your future settlement, ensuring payment if you recover compensation.
Letters of protection work similarly. Your attorney guarantees payment from your settlement, allowing treatment without upfront costs.
If you do not recover sufficient compensation, you remain responsible for the full balance. Medical providers can pursue collection or legal action.
Not all medical providers accept liens, as there is a risk of non-payment if your case is unsuccessful.
If you prove the property owner was negligent, you can recover:
Time missed from work, including future lost earnings if your injury causes permanent work limitations.
Physical pain, emotional distress, reduced quality of life, and permanent disability.
Transportation to medical appointments, home care assistance, and other accident-related expenses.
The total value depends on injury severity, total medical expenses, and long-term impact on your life.
Oklahoma follows modified comparative negligence under Oklahoma Statute Title 23 § 13, which directly affects your potential recovery.
Here is how it works:
If you share fault for your fall, your compensation is reduced by your percentage of responsibility. If you are 50% or more at fault, you cannot recover damages.
Insurance companies often argue that you share fault by claiming you were not paying attention, wearing improper footwear, or that the hazard was open and obvious.
Under Oklahoma Statute Title 12 § 95, you have two years from the date of your fall to file a personal injury lawsuit. Missing this deadline permanently bars you from recovering compensation.
While two years may seem sufficient, slip and fall cases require substantial preparation time.
You need:
Starting early protects your rights and strengthens your case.
Seek medical attention even if you feel fine. Some injuries do not show immediate symptoms. Prompt medical documentation establishes the extent and cause of your injuries.
Report your fall to the property owner or manager immediately. Request a written incident report and obtain a copy.
Photograph the hazard that caused your fall, gather witness contact information, and preserve all medical bills, prescriptions, and employment records.
Insurance adjusters may contact you for a statement. Anything you say can be used to minimize your claim. Politely decline and direct them to your attorney.
Property owners or insurers may offer early settlements in exchange for a signed release. Signing a release waives your right to pursue additional compensation, even if your injuries worsen or require more extensive treatment.
Save receipts for medications, medical equipment, transportation to medical appointments, and home care assistance. These expenses are recoverable as economic damages.
Slip and fall cases involve complex liability issues and substantial evidence requirements. Property owners rarely admit fault, and insurance companies work to minimize claims.
At 222 Injury Lawyers, we have spent over 30 years helping Oklahoma slip and fall victims recover compensation. We work with medical experts, negotiate with insurance companies and medical providers, and take cases to trial when necessary.
Contact 222 Injury Lawyers to discuss your slip and fall case. We serve clients throughout Tulsa, Oklahoma City, Sapulpa, and surrounding areas.
222 Injury Lawyers, PLLC
7301 Broadway Ext Suite 224
Oklahoma City, OK 73116
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222 Injury Lawyers, PLLC
1217 E 33rd St.
Tulsa, OK 74105
*Please send all mail correspondence to this location