Legal Question in Personal Injury in Texas

Reimbursement of Medical Costs

After an accident in the gym of the rental property (a TV fell on her) the property owner encourage the injured party to go to the hospital stating that all associated costs would be covered by the rental properties insurance company.

The injured party was examined at the hospital and found to have a strained neck muscle. Additional therapy was required to repair the strained neck muscle.

Six months later the rental properties insurance company has stated that they are not liable for the medical costs. Rather passing the liability onto the company that installed the hanging TV.

Now this installation company is claiming that they are not liable.

Any help would be greatly appreciated as the medical bills have built up and original promises have been broken.

Asked on 9/03/08, 6:02 pm

6 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Reimbursement of Medical Costs

You have many responses..all accurate..but the insured, ie, the gym does not have the authority to make the insurance company pay. A qualified personal injury lawyer will obtain not only medical benefits in the past and future, but impairment, pain, suffering, lost income past and future and other damages you are not considering..and the insurance companies may have small policy amounts but a good lawyer will get that promptly IF the facts support negligence..

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Answered on 9/04/08, 9:17 am

James Grissom Law Office of James P. Grissom

Re: Reimbursement of Medical Costs

Obviously, the facility nor their insurance company feels bound by any promise -- or your injury. The only thing they're going to listen to now is a lawsuit. That is the message they're sending you. Find a lawyer. See if you can get them to take your case. Good Luck.

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Answered on 9/03/08, 6:28 pm
Roger Merrill Merrill & Associates

Re: Reimbursement of Medical Costs

In order to get your claim resolved, you will have to file a lawsuit suing both parties. Let me know if I can help.

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Answered on 9/03/08, 6:46 pm
Michelle Wan Thomas & Wan

Re: Reimbursement of Medical Costs

Sorry to hear about this accident. It certainly sounds like someone should be liable, namely the premises owner (the property owner) at the very least, and, possibly the installation company. Many times an insurance company may deny liability if they think you won't contest it. However, many times, the insurance companies change their tune once a lawyer in involved. Feel free to email with additional questions, and I would be happy to respond.

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Answered on 9/03/08, 7:10 pm
David Leon David L. Leon, P.C.

Re: Reimbursement of Medical Costs

You have to sue them both. Also, you have to do so within two years of the incident. Many times, the insurance companies will ignore or string you along until you cross that timeline. Most personal injury attorneys (myself included) will meet with you for free to discuss the case, review the documents and tell you what they think. Additionally, most offices will prosecute your case on a contingent fee basis, which means if you don't win (or settle) you don't pay the attorney. I invite you to call me if you want to discuss this further.

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Answered on 9/03/08, 7:41 pm
Dan Street Street Law Firm

Re: Reimbursement of Medical Costs

I agree with what my esteemed colleagues have said: a lawsuit against both the health club and the installation contractor will probably be necessary. I would add this one thing: it is pretty common for insurance companies to ignore an individual claimant, because they know they have absolutely nothing to fear from you until you hire an attorney. Oftentimes, just receiving a letter from me (or one of the other fine attorneys who have responded to your question) is enough to cause the insurance company to re-evaluate its position, because they know the we can actually back up our threats--with a lawsuit that will cost them money. It is only when the insurance company has its back against the wall--and that only happens when an attorney gets involved--that it will take your claim seriously. Call one of us today.

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Answered on 9/03/08, 8:05 pm

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