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Slip and fall accidents often possess a deceptive guise of simplicity, but the reality could be a life-altering experience for victims. Such mishaps can result in severe injuries like broken bones, paralysis, or even brain trauma. Typically, slip and fall accidents arise from a property owner’s neglect in ensuring a hazard-free environment. If you are a victim of a slip and fall accident caused by another’s negligence, you may be entitled to compensation from the liable party.
At Justice Law Firm, LLC, our reputable attorneys have a rich history of aiding accident victims in obtaining the justice they deserve. With a background in defense, we possess a profound understanding of how insurance companies contest slip and fall claims, and we are equipped with the necessary skills and resources to champion your cause. Our devoted team is committed to helping you seek the maximum financial recompense for your medical expenses, lost earnings, pain and suffering, among other losses.
We offer a free consultation with one of our qualified personal injury attorneys. Allow us to navigate the legal intricacies on your behalf, enabling you to concentrate on your physical and emotional healing. Reach out to a Boston slip and fall attorney today.
Grounds for Pursuing a Slip and Fall Claim
You may have a viable slip and fall case if another entity is legally responsible for your accident and the ensuing injuries. It is imperative to establish the other party’s legal liability, which could be based on negligence, recklessness, or intentional misconduct.
In Massachusetts, a slip and fall negligence claim hinges on duty, breach of duty, causation, and damages. A claim could be rooted in the actions or inactions of the responsible party.
The cornerstone of proving negligence lies in demonstrating how the liable party had a duty to safeguard the victim’s safety. Commonly, business owners like restaurants, gas stations, amusement parks, medical care providers, other businesses, and government agencies are the usual accountable parties, although many entities can have a duty of reasonable care towards others.
The next step involves showing that the property owner breached this duty of care, and this breach directly led to the accident. Your attorney could prove this by obtaining surveillance footage of the incident, photographing the accident scene, interviewing witnesses, and procuring medical records.
Lastly, it’s essential to display the damages incurred from the fall. You must have real, tangible losses to initiate a slip and fall action. Your attorney can exhibit these damages by furnishing medical bills, receipts, and various other types of documentation.
In instances of reckless conduct, the victim must show that the behavior was reckless or in blatant disregard of others’ safety. Moreover, the victim must link the reckless actions to the resulting harm.
Cases based on intentional acts necessitate showing the intent of the responsible party and demonstrating your damages’ extent. Proving intent can be challenging, but a seasoned slip and fall lawyer in Boston can guide you on your available options and help construct a robust case for full compensation.
Impact of Comparative Negligence in a Falling Accident
Massachusetts law employs a system of comparative negligence when multiple parties might be culpable for the slip and fall accident. For instance, the other party may argue that warning signs blocked the area where the slip and fall transpired. They might claim that you should have been more cautious or even that your footwear was unsuitable for the circumstances.
Even if you share some blame for the accident, you may still be entitled to compensation. Massachusetts slip and fall laws permit an accident victim to claim some compensation even if the victim contributes to the accident. However, your claim’s value may be diminished by the percentage you are found to be at fault.
For example, if you were texting while slipping and falling on an unnoticed spill in a grocery store, you might be deemed to be 25 percent responsible for your injuries. If you are then awarded $100,000 in damages, that sum would be reduced by 25 percent, leaving you with $75,000.
If you are found to be 50 percent or more at fault, you will be barred from recovering any compensation. Insurance companies may attempt to exploit this system and argue that you are more to blame for an accident, making it crucial to engage a knowledgeable slip and fall lawyer to safeguard your right to compensation.
Evidence of Tripping Hazards
The plaintiff bears the burden of proving the elements of the slip and fall claim. Possessing the necessary evidence to demonstrate each claim element is vital. Some of the evidence that may be utilized to prove your slip and fall claim comprises:
- Photographs and video: Images and videos are persuasive evidence of perilous conditions that might have existed. Pictures can also depict the injuries sustained due to your fall. If you are unable to take photographs immediately, revisiting the accident scene as soon as possible or requesting a friend to take photos for you can aid in documenting the scene for your case. Your attorney may also take photos or retrieve surveillance footage from the scene.
- Witness testimony: Individuals who witness the slip and fall accident can provide valuable insights into how you fell, your immediate injuries, and the accident’s cause.
- Expert witnesses: An expert in accident reconstruction can elucidate how the accident happened based on your injuries. A medical expert can explain your injuries’ severity and duration, as well as their future impact.
- Admissions of the other party: What the other party or their representatives say is often admissible as evidence against them. Depositions, written admissions, or even statements to third persons by the responsible party can prove essential facts for the claim.
- Records: In cases where a slip and fall occurs at a business or government property, there might be employment records and maintenance records that can shed valuable light on witness identities and whether the other party breached their duty of reasonable care.
- Your own information and documentation: When injured in a slip and fall, you should provide documentation for medical bills, travel to medical appointments, receipts for hired help around the house, and documentation of all other expenses incurred due to your injuries.
Our seasoned Boston slip and fall attorneys can assist you in understanding how to collect this evidence, or even collect it on your behalf. We aim to simplify this process for you and your family as much as possible.
Steps to Undertake After a Fall in Boston
Reacting swiftly and appropriately following a slip and fall or trip and fall accident can ease the claims process and protect your right to fair compensation. Here are the steps you should execute after a slip and fall accident:
- Summon emergency assistance. If you sustain a serious injury, obtaining emergency medical care is paramount. You should call an ambulance, proceed to the emergency room, or visit urgent care. Emergency medical aid is critical to kickstart the healing process, document that your injuries resulted from the accident, and begin to ascertain your injuries’ extent.
- Notify the property owner. When an accident occurs at a business or on government property, there should be a procedure for filing an accident report with the property owner. It’s not crucial to fret over every minor detail in the report. Simply making the report and including the main points is sufficient to document when and how the injury transpired.
- Take photographs. Capturing a few quick photos of the accident scene can document any dangerous conditions that might have contributed to the accident. Just a few photos with a cellphone camera can provide a great start to building the evidence for your case.
