A slip and fall accident belongs to premises liability cases. These incidents happen when a commercial or private property owner fails to ensure their property is safe. This negligence can include not maintaining the property, delaying necessary repairs, or overall poor upkeep of the premises.
If you have experienced a serious slip and fall injury related to unsafe conditions on someone else’s property, you may be worried about the potential lost wages and how you will cover related medical bills. A slip and fall lawyer can help you get compensation to cover your medical care and other expenses related to your fall injury by filing a slip and fall lawsuit.
If you have been injured due to slipping and falling and believe a property owner was at fault, talk to experienced slip and fall lawyers in Boston. Our professional slip and fall attorneys know Massachusetts law regarding premises liability and are ready to answer your questions and discuss your legal options.
- How Can Our Boston Slip and Fall Attorney Help?
- Meet our team!
- Causes of Slip and Fall Accidents
- Causes of Trip and Fall Accidents
- Get a Free Case Evaluation
- Types of Slip and Fall Injuries
- Possible Financial Compensation for Slip and Fall Injuries
- Proving Fault in Slip and Fall Cases
- Client Reviews
- What to Do If You Were Involved in a Slip and Fall Accident
- Consult with Experienced Boston Slip and Fall Lawyers for Your Case Evaluation
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Our fall attorneys at Michael Kelly Injury Lawyers will provide a free consultation about your injury. You will deal directly with our Boston personal injury lawyers rather than with a paralegal. We are aggressive in pursuing maximum compensation for our clients who have been injured.
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How Can Our Boston Slip and Fall Attorney Help?
A slip and fall case is a civil lawsuit filed by a Boston slip and fall accident lawyer on behalf of an injury victim seeking compensation for the injury. These cases depend on the specific facts of the accident. For that reason, it is important to contact an experienced slip and fall attorney immediately after an accident.
At Michael Kelly Injury Lawyers, we will evaluate your accident and outline your legal options free of charge. If we handle your slip and fall injury case, we will conduct a prompt investigation and gather evidence of the property hazard and the property owner’s negligence.
Lengthy delays in contacting an experienced Boston personal injury attorney and getting an investigation underway can give the property owner time to correct the unsafe condition. That can make it more difficult to document that your injury was caused by a property hazard.
We will work to help you recover maximum compensation for medical care, lost wages, and pain and suffering related to the trip and fall accident. For more information about slip and fall accidents, we have compiled a page to answer your slip and fall questions. Our Massachusetts personal injury attorney will be happy to answer any additional questions you may have.
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Causes of Slip and Fall Accidents
Slip and fall accidents and trip and fall injuries are among the most common premises liability claims. Many falls occur on hazardous walking surfaces. Wet or slick surfaces can cause shoes to lose traction. The common causes of these types of accidents include:
Causes of Trip and Fall Accidents
Trip and fall accidents occur when your foot or leg strikes or catches on an obstruction, causing you to lose your balance. Victims of these accidents often suffer severe injuries such as head injuries, lacerations, spinal cord injuries, etc.
The common causes of trip and fall accidents include:
- Torn or wrinkled carpet
- Uneven steps
- Raised threshold
- Poor lighting
- Debris or clutter in walkways
- Uncovered cables or wires
- File drawers being left open
- Obstructed view
- Broken sidewalks
- Potholes in parking lots.
As part of a personal injury case, fall accident lawyers investigate who they believe to be legally responsible for providing compensation for your injuries. If it is determined that the property owner knew of the conditions and did nothing about it, they can be held legally liable. Don’t hesitate to contact a Boston slip and fall accident lawyer today.
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Types of Slip and Fall Injuries
A fall victim may experience a broken foot, ankle or wrist, fractured hip, or other broken bone in a slip and fall accident. A serious bone fracture can cause time off work, reduced mobility, and months of medical treatment.
Symptoms of broken bones include:
- Intense, throbbing pain
- Difficulty walking or moving the affected limb
- Swelling
- Bruising
- Tenderness.
These accidents can also lead to back and neck injuries. Strains, sprains, pinched nerves, and herniated or bulging discs can cause pain and severe discomfort.
Symptoms of back and neck injuries include:
- Neck pain
- Worsening pain with movement
- Stiffness
- Loss of range of motion
- Tenderness or pain in the upper back or shoulders.
Falls are the most common cause of traumatic brain injuries (TBI). Brain injuries from a slip and fall accident may be mild, moderate, or severe. Symptoms of TBI include:
- Loss of consciousness
- Disorientation, confusion
- Slurred speech
- Dilation of one or both pupils
- Nausea or vomiting
- A headache that worsens
- Seizures
- Weakness or numbness in fingers and toes
- Inability to awaken from sleep
- Coma.
Possible Financial Compensation for Slip and Fall Injuries
Victims of slip and fall accidents can seek various types of financial compensation to cover the losses sustained due to their injuries. Depending on your injuries and the circumstances of your accident, your Boston slip and fall accident lawyer can potentially recover the following types of economic compensation:
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Past, Present, and Future Medical Expenses
This includes all costs related to medical treatment, such as hospital bills, doctor visits, surgeries, and medication.
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Rehabilitative Therapies
Compensation for physical therapy, occupational therapy, and any other necessary rehabilitative treatments to help you recover.
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Lost Wages and Future Lost Wages
Reimbursement for the income you lost while unable to work and potential future earnings you may miss out on due to your injuries.
Each slip and fall incident is unique, and the compensation amounts can vary based on the incident’s specifics and the severity of your injuries. Working with an experienced Boston slip and fall injury lawyer can help you navigate the legal process and maximize the compensation you receive for your slip and fall injuries.
Proving Fault in Slip and Fall Cases
Massachusetts imposes certain legal duties on property owners and business owners who rent properties. Both homeowners and business owners have a duty to all lawful visitors to keep the property in reasonably safe condition to prevent falls and other accidents.
When a property is not adequately maintained or does not have warning signs of dangers, accidents can cause costly injuries. Sometimes, a company contracted to maintain a property or remove snow and ice may also be liable.
What Is the Statute of Limitations on Slip and Fall Claims?
The statute of limitations is a time limit for filing a personal injury claim. Any lawsuit arising from an accident or injury must be filed within a certain time limit. Otherwise, the injured person’s legal claim related to their slip and fall accident will be barred, and his or her right to sue a property owner will be lost forever.
The Massachusetts General Law, Chapter 260, Section 2A provides a finite window of time to research and file premise liability claims. We have at most three years so we must start the process as soon as possible. Preserving evidence that could increase the success of your case, such as security footage, gathering witness statements, and collecting photos of evidence, are just a few items that need to be completed in the first few days or weeks so they are not lost.
Did the Property Owner Know About the Danger and Neglect to Fix It?
If a slip and fall lawyer in Boston can show that property owners were aware or should have known of the unsafe condition and failed to fix it or post an adequate warning, then the owner may be held liable for the injuries caused. As a result, they will need to provide compensation for your fall accident claim, such as paying for lost wages, medical bills, or more.
Slip, Trip, and Fall Injury That Occurred on Commercial Property
When our law firm investigates premises liability accidents on commercial property in Boston, our premises liability attorneys look for prior accident reports of injuries occurring at the same location and surveillance camera tape that can help reveal how long a hazard has been present. This evidence can be used to show that the property owner should have been aware of the hazard and had time to correct it or post an adequate warning.
The owner of a commercial building, such as a department store or parking lot, that has a code violation is liable for any injuries sustained as a result of the defective property condition. The failure of a building owner to inspect the property regularly and correct hazards may be the basis of a Massachusetts slip and fall injury claim.
Boston receives significant amounts of snow each year, creating slippery conditions for accidents. A property owner or the person controlling the property is responsible for removing accumulations of ice and snow and keeping the property safe. In some instances, companies contracted for snow and ice removal may be liable if they fail to uphold their duty.
Slips, Trips, and Falls on Government Property
Slip and fall claims involving accidents on publicly owned property are more complicated to pursue. The City of Boston, the Commonwealth of Massachusetts, and the federal government are protected from serious injury lawsuits by sovereign immunity.
The Massachusetts Torts Claim Act spells out the circumstances in which a civil lawsuit (from fall accident victims) may be filed against the City of Boston or the Commonwealth of Massachusetts, seeking compensation for injuries caused by negligence by a government or a government employee. You generally have to notify the government agency of a pending legal claim within a certain short period. These notification deadlines are often quite tight, making it important to contact a slip and fall attorney in Boston immediately to review your injury and offer guidance.
Slip, Trip, and Fall Accidents That Happened on Private Property
Homeowners and owners of private property have a legal duty to maintain their property in reasonably safe condition to prevent injuries to guests and visitors. Private property owners also have a duty to warn of dangers on the property.
The extent of the duty of care that a private property owner owes depends on the status of the visitor who enters the property. For example, a private property owner would have a greater responsibility to ensure the safety of an invited guest than a trespasser. Private property owners also have an obligation to secure their property so that swimming pools and structures that would pose an attractive nuisance to children do not pose a hazard.
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What to Do If You Were Involved in a Slip and Fall Accident
If you sustain an injury while on another person’s property, there are certain steps that you should take to ensure a successful Boston slip and fall lawsuit:
- Seek medical attention for your injuries.
- Use your phone camera to take photos of the condition that caused your fall.
- Write down the names of witnesses to your fall.
- Record the name of the supervisor or owner of the location of your fall.
- Report the incident to the property owner, landlord, or property manager.
- Do not speak to the property owner’s insurance company until you have consulted a slip and fall attorney.
You should report the accident to the property manager or property owner. It is a good idea to follow up with a certified letter to the property owner or manager briefly describing the accident. Keep a copy of the letter. Informing the property owner promptly of your injury will strengthen your position if you eventually file a slip and fall claim.
According to MGL c. 84, Section 18-20, an injured person must notify the property owner of the injury or damage from snow or ice on their premises within 30 days of the injury occurring, or they will forfeit the right to file a claim at all.
Consult with Experienced Boston Slip and Fall Lawyers for Your Case Evaluation
If you believe that your fall injury was preventable and was caused by someone else’s carelessness or disregard for safety, talk to a knowledgeable slip and fall lawyer in Boston who can evaluate the accident. Our premises liability personal injury attorneys at Michael Kelly Injury Lawyers are experienced in handling slip and fall accident claims and trip and fall accident cases in Boston and the surrounding towns.
After a brief discussion of the facts and details surrounding your accident, we can give you a better idea of the likelihood of success of your Boston slip and fall lawsuit and the projected value of your case. If you have been injured in a slip and fall incident and need a fall accident attorney well-versed in premises liability law, we can help. Call 617-444-4444 today to get expert assistance from our slip and fall lawyers.
Read our blog post about slip and fall accidents:
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