- The NYC Comptroller’s Office reported 4,825 personal injury claims filed against the City in the Bronx in a single fiscal year, the highest total of any borough.
- Injured victims often rely on health insurance, Medicare, or workers’ compensation first, since the property owner typically only pays once liability is proven.
- Claims against the City require a Notice of Claim within 90 days, while most claims against private property owners allow three years under CPLR § 214.
After sustaining a serious injury, it’s understandable to wonder who is responsible for paying your medical bills. Fortunately, as long as you can satisfy the burden of proof in your premises liability claim, meaning you can prove that a property owner failed to ensure their premises were safe, and that you were injured and sustained damages as a direct result, then that property owner should be responsible for paying your medical bills. That being said, proving a premises liability claim isn’t always easy, which is why it’s imperative that you have a competent Bronx slip and fall lawyer in your corner. Continue reading and reach out to The Law Offices of Richard M. Kenny to learn more. Here are some of the questions you may have:
Who Initially Pays the Medical Bills After a Premises Accident?
Rather importantly, the property owner or the owner’s insurance company will not necessarily begin paying your medical bills as soon as you file a claim. In most cases, injured people must first rely on another available source of coverage while their premises liability claim is being investigated. Depending on the circumstances of your accident, your medical expenses may initially be paid through:
- Private health insurance
- Medicare or Medicaid
- Workers’ compensation
- Medical payments coverage
- Personal funds or payment arrangements
That being said, using health insurance or another source to receive treatment does not prevent you from filing a premises liability claim. You should know, however, that Medicare, Medicaid, workers’ compensation carriers, and some self-funded employer health plans may have a right to be repaid from your eventual compensation. New York law limits most private health insurers from seeking reimbursement out of a personal injury settlement. Bronx accident victims requiring emergency treatment are often brought to a facility like St. Barnabas Hospital, a designated trauma center at 4422 Third Avenue, Bronx, NY 10457, and those emergency records often become key evidence in documenting the medical expenses tied to a claim.
Can a Premises Liability Claim Reimburse All My Medical Expenses?
A successful premises liability claim can potentially provide compensation for the reasonable and necessary medical care you required because of your accident. This may include both expenses you have already accumulated and the cost of any treatment that your doctors reasonably believe you will need in the future. Some examples of recoverable medical expenses can include the following:
- Ambulance transportation
- Emergency room care
- Hospital stays and surgery
- MRIs, X-rays, and other diagnostic tests
- Appointments with doctors and medical specialists
- Physical, occupational, or psychological therapy
- Prescription medications
- Medical devices and equipment
- Future procedures, rehabilitation, and ongoing care
Of course, before you can recover these damages, you will have to establish that another party was legally responsible for the dangerous condition, and medical costs are typically just one piece of a larger recovery that can include lost income and other damages tied to your injury.
Are There Special Rules for Bronx Premises Liability Claims?
Slip and fall accidents in the Bronx can happen for several reasons, including broken stairways, defective elevators, inadequate lighting, wet floors, falling objects, damaged sidewalks, and snow or ice that was not properly cleared. High-foot-traffic corridors like the Grand Concourse and Fordham Road see no shortage of these hazards. In fact, under New York City’s sidewalk law, many adjoining property owners are responsible for maintaining sidewalks in a reasonably safe condition and may be held liable when their failure to do so results in an injury.
Claims involving property owned or maintained by the City of New York are handled somewhat differently. According to the New York City Comptroller’s Office, a notice of claim generally must be filed within 90 days of an accident involving alleged City wrongdoing. From there, a lawsuit must ordinarily be filed within one year and 90 days of the incident. By comparison, most premises liability claims against private parties are subject to New York’s three-year statute of limitations under CPLR § 214.
These claims are far from rare in the Bronx. The Comptroller’s Fiscal Year 2021 Claims Report states that 4,825 personal injury claims were filed against the City in the Bronx that year, which was the highest total among all five boroughs.
If you have any additional questions about your case, or you believe you’ve been injured due to dangerous property conditions and are looking to hold a property owner accountable, please don’t hesitate to contact The Law Offices of Richard M. Kenny for an initial consultation today.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with our Bronx personal injury lawyers. You may be entitled to financial compensation, which can help you on your road to recovery.
