If you were injured in a fall on someone else’s property, you have legal recourse. A slip and fall accident lawyer can help you build a claim and pursue damages.
Sweet James has been fighting for injury victims for over 25 years. If you were injured because of a property owner’s negligence, a Massachusetts slip and fall accident lawyer can help you pursue a fair settlement.
Why Hire a Massachusetts Slip and Fall Accident Attorney?
Slip and fall claims have a high burden of proof.
A personal injury lawyer can assist with your claim by:
- Investigating the accident: An attorney can gather photographs, surveillance footage, incident reports, maintenance records, witness statements, and other evidence to establish how the fall happened and who is responsible.
- Calculating your losses: An attorney can assess both your short-term and long-term losses and calculate the true value of your claim.
- Handling settlement negotiations: An attorney can communicate with insurance companies and respond to settlement offers on your behalf.
- Pursuing a lawsuit: If a fair settlement cannot be reached, an attorney can file a lawsuit and advocate for you in court.
What Types of Compensation Can You Recover?
A successful premises liability claim allows you to recover compensation for economic and noneconomic losses, such as:
- Medical expenses: You can seek compensation for emergency care, hospitalization, medication, physical therapy, and other treatment related to the accident.
- Lost wages: You can seek compensation for income you lost due to your injuries.
- Reduced earning capacity: You may be able to recover additional damages if your injuries affect your ability to earn income in the future.
- Pain and suffering: You can seek compensation for physical pain, discomfort, and the effects of your injuries on your daily life.
- Emotional distress: You can seek damages for emotional suffering associated with the accident and your injuries.
A Massachusetts personal injury lawyer can help you put together a comprehensive claim.
What Is the Statute of Limitations for a Slip and Fall Lawsuit in Massachusetts?
According to Massachusetts General Laws Chapter 260, § 2A, you generally have three years from the date of an accident to bring a personal injury action in Massachusetts. However, different deadlines may apply in cases involving government property, minors, or mentally incapacitated victims.
Important evidence can become harder to obtain as time passes, which is why it’s important to reach out to our Massachusetts slip and fall lawyers immediately after an accident.
Who Is Liable for a Slip and Fall Accident?
Liability for a Massachusetts slip and fall accident depends on who controlled the property and who was responsible for addressing the dangerous condition that caused your fall. Potentially liable parties include:
- Property owners: A property owner may be responsible for failing to reasonably maintain the premises or address known hazards.
- Business owners and operators: A business may be liable if a dangerous condition on its premises causes you to fall.
- Landlords or property managers: A landlord or property manager may be responsible for hazards in areas they were required to maintain.
- Maintenance companies: A contractor may be liable if inadequate cleaning, inspection, snow removal, or repairs contributed to the accident.
- Government entities: A city, town, or other government entity may potentially be responsible for certain dangerous conditions on public property.
- Other parties: Depending on the circumstances of the fall, contractors, tenants, or other parties with control over the property may share liability.
A Massachusetts slip and fall lawyer can look into your accident and determine who is at fault.
How Do You Prove Negligence?
To prove negligence in a Massachusetts slip and fall case, you generally must prove the following legal elements:
- Duty of care: The defendant owed you a duty to maintain reasonably safe premises.
- Breach of duty: The defendant failed to take reasonable steps to identify, correct, or warn about a dangerous condition.
- Causation: The dangerous condition and defendant’s conduct caused you to fall and suffer injuries.
- Damages: You suffered measurable losses.
A Massachusetts slip and fall attorney can help gather evidence to prove negligence.
What Causes Slip and Fall Accidents in Massachusetts?
Some of the most common causes of premises liability accidents in Massachusetts include:
- Wet or slippery floors
- Spilled food or beverages
- Snow and ice
- Uneven sidewalks
- Broken or cracked pavement
- Loose carpeting or rugs
- Poorly maintained stairways
- Missing or damaged handrails
- Inadequate lighting
- Debris left in walkways
- Potholes
- Defective flooring
- Cluttered aisles
- Construction hazards
- Unmarked changes in floor elevation
What to Do After a Fall in Massachusetts
The steps you take after a fall can affect both your recovery and your ability to pursue a personal injury claim.
Make sure to:
- Report the accident: Notify the property owner, manager, or other responsible person and ask them to file an incident report.
- Document the scene: Take photographs and videos of the hazard, surrounding area, warning signs, lighting, and anything else that may be relevant to your claim.
- Identify witnesses: Get contact information from anyone who saw the accident or the condition that caused it.
- Seek medical attention: Get evaluated by a doctor promptly, even if your injuries seem minor. Some injuries don’t appear right away.
- Preserve evidence: For instance, keep the shoes and clothing you were wearing when you fell.
- Keep documentation: Save medical bills, treatment records, receipts, wage documentation, and correspondence related to the accident.
- Be careful with insurance companies: Don’t discuss fault or provide recorded statements to insurance adjusters before speaking to a lawyer.
- Get legal advice: Discuss the accident with a Massachusetts lawyer for slip and fall accident claims before accepting a settlement.
Consult a Slip and Fall Accident Lawyer Serving Massachusetts
A slip and fall can leave you facing painful injuries, costly medical bills, and uncertainty about your future. If a dangerous condition on someone else’s property caused your fall, a Massachusetts slip and fall accident attorney from Sweet James can help you build a strong claim and pursue compensation for your losses.
Book a free consultation to start putting together your claim.
