My Elderly Parent Fell at a Supermarket: How to Help With the Claim

When an elderly parent is hospitalized after a supermarket fall, the claim still belongs to her, but you may be able to act on her behalf with proper authorizations or a power of attorney, depending on what those documents cover. The most urgent jobs for you right now are gathering evidence at the store, protecting her medical records, and making sure no one misses Florida’s two-year filing deadline under Fla. Stat. § 95.11. Wolfson & Leon can meet your mother at Hialeah Hospital or Palmetto General, or come to the home, so she never has to travel to an office.

It’s her claim, so how can I legally help her?

The legal claim belongs to your mother, not to you. Under Florida law, only she, or someone legally authorized by her, can pursue it. You can help in two practical ways. First, have her sign a HIPAA-compliant medical authorization under Fla. Stat. § 456.057. This lets hospitals release her records to you or her lawyer. Second, if she has a durable power of attorney that includes authority over legal matters, you may be able to sign documents and make decisions on her behalf. But you should verify with a Florida attorney whether that document covers litigation decisions. Capacity matters: if she can still understand and sign papers, do this while she is able. Wolfson & Leon communicates fully in Spanish, and attorney Alfie Leon regularly works with families in Hialeah.

What do I need to do at the store before I leave?

Do these five things as soon as possible. One, take photos of the hazard, a spill, wet floor, loose mat, or leaking cooler, from multiple angles, including wide shots that show aisle numbers. Two, photograph your mother’s injuries and the shoes and clothes she wore during the fall. Three, ask the manager to complete an incident report, and write down their name, the report number, store address, and exact time. Four, get names and phone numbers of any witnesses, including other shoppers. Five, send a written preservation demand for surveillance footage that includes the store address, date, approximate time, and aisle location. Footage can be overwritten quickly, sometimes within days. Under Fla. Stat. § 768.0755, you must prove the store knew or should have known about the hazard. Video showing how long it sat unattended is critical. If you’re thinking, “Am I crazy for trying to push her to get an injury lawyer?” just focus on saving the evidence first, the rest follows from there.

Why do her medical records matter so much to the case?

Medical records prove both the injury and its cause. In cases involving elderly patients, insurers frequently use a victim’s age to argue that a hip fracture or hospitalization was “inevitable” due to osteoporosis or prior conditions. Clean, continuous records, from Hialeah Hospital or Palmetto General through rehab, show the direct link between the fall and the harm. These records also document the true cost of care. Hospital care after a serious fall can be very expensive. Long-term impacts like loss of independence or need for assisted living also count as damages. But under Fla. Stat. § 456.057, providers generally cannot release those records without your mother’s written authorization. Have her authorize the attorney directly so nothing is delayed or filtered by family interpretation.

Her Medicare paid the hospital bills, does she have to pay it back?

Medicare often pays hospital bills upfront after a fall. But if your mother later receives a settlement or court award from the supermarket, Medicare may have a right to be reimbursed for what it paid. This is called a conditional payment or Medicare lien. The amount can vary and depends on what Medicare covered related to the fall. Failing to account for this lien can create liability for both your mother and her attorney. An attorney experienced in personal injury cases can help identify the lien early, request a final demand from Medicare, and sometimes negotiate the amount owed. Do not assume the lien disappears or that the store’s insurer will handle it automatically.

My mom can’t travel to a law office, what are her options?

Wolfson & Leon comes to you. We meet clients at Hialeah Hospital, Palmetto General, or in the family home, no travel required. Attorney Alfie Leon handles cases in Spanish and works directly with Hialeah families. During a hospital or home visit, we review what happened, explain your mother’s rights, help get necessary authorizations signed, and immediately begin preserving evidence like store video. If you’re worried about money running out and unsure whether a lawyer is protecting her, know this: we handle all personal injury cases on contingency. That means no fee unless there is a recovery. You can start the process today, even while she is still in the hospital.

What if she passes away from her injuries, can the family still file?

If your mother dies as a result of injuries from the fall, her personal injury claim does not automatically continue. Instead, Florida’s wrongful death law applies. Under Fla. Stat. § 768.20, only the estate’s personal representative can file a wrongful death action, and only certain survivors may recover damages, starting with a surviving spouse, then children. Damages may include medical expenses, funeral costs, loss of support, and loss of companionship. A wrongful death claim also has a two-year deadline under Fla. Stat. § 95.11, generally counted from the date of death. We understand this is a painful possibility to consider. If it happens, acting quickly protects whatever legal rights remain for the family.

Frequently asked questions

The store gave us an incident report number but won’t give us a copy, is that normal?
Yes. Stores treat incident reports as internal documents. They are not required to give you a copy. However, your lawyer can request it later through formal discovery. In the meantime, write down everything you remember about the report details.

My mother has a pre-existing hip condition, does that kill her case?
No. Florida law allows recovery even with pre-existing conditions, as long as the fall aggravated or worsened the condition. The key is proving the fall caused a meaningful increase in harm, not that the injury was entirely new.

How long do we have to file a claim after my mother’s supermarket fall in Florida?
For falls on or after March 24, 2023, you have two years from the date of the fall under Fla. Stat. § 95.11. Missing that deadline ends the right to sue permanently.

Can I handle the insurance company myself to save money on attorney fees?
You can try, but stores and their insurers have teams trained to minimize payouts. They may ask for recorded statements or quick settlements that waive future claims. Most families find it safer to consult a lawyer first, especially since initial consultations are free and there is no fee unless you win.

My mother is in Hialeah Hospital right now. When is too soon to call a lawyer?
It is never too soon. Evidence disappears fast, and your mother’s ability to sign authorizations may change. A lawyer can start protecting her rights while she focuses on healing, with no obligation and no upfront cost.

Related reading: I fell in a store in Hialeah. Can I make a claim? · The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.