If you have been injured as a result of a slip and fall accident, this can change your life dramatically. Your ability to go to work, or simply move around, can be compromised. There are medical bills that you will have to pay for, treatments, and procedures that can become very expensive. If this has happened recently, or if it was several months ago, seeking legal counsel it’s something that you should pursue.
Speaking with a Brockton slip and fall lawyer can help you find a resolution to this situation. If you have not yet received a settlement, or you do not know how to pursue one, you should speak with our Brockton injury firm today. You can contact us by phone by calling us at 508-506-5681 or filling out the contact form.
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What Are The Most Common Slip And Fall Accidents?
Slip and fall accidents can occur in many different ways. Millions of people will visit the emergency room every year as a result of these accidents. It is one of the leading causes of unintentional death, and recovering from these accidents can be a prolonged and painful process. This is most damaging to the elderly, and these accidents are quite common in nursing homes. Some of the most common slip and fall injuries will include head injuries, back, and spinal cord injuries, hip fractures, and shoulder injuries. Sprains and fractures are also quite common.
When a person falls, they can injure one or more different parts of their body including their hands, ankles, their spine, hip, pelvis, and can even damage their upper arm trying to break the fall. Regardless of the type of injury that has occurred, you are entitled to some type of compensation. If this fall occurred because of the negligence of the manager, or the property owner, they may be responsible for paying for your medical bills, income loss, and the cost of rehabilitation.
Common Reasons That Slip And Fall Accidents Occur
Although some people may accidentally slip and fall on their own, it is often the result of the negligence of another party. This may include improper maintenance, structural defects, and malfunctioning machinery. People can fall because of uneven steps, potholes in the street that are not covered, and cracked sidewalks as well. There could also be broken tiles on the floor or even torn carpeting that has not been repaired. Whether you are in hallways, walkways, or if you are on a staircase, these accidents can occur. If you are outside, it is possible that debris such as tree branches could lead to your slip and fall accident. These tend to happen as a result of weather-related conditions.
Additionally, if the weather is bad, there could be ice and snow that has not been properly treated. Perhaps gutters have not been installed, or storm drains, which has led to dangerous conditions for not only walking the driving. Additionally, businesses may fail to place proper signage in certain areas where these incidents are more likely to occur. If you do slip and fall, and it was not your fault, you should always speak with a personal injury attorney.
How Can A Brockton Slip And Fall Attorney Help Your Claim?
These attorneys are adept at not only gathering information about your case but also preparing the information that will be presented in a court of law. Their job is to show that the extent and nature of your injuries were not the result of your own negligence. That’s why it is so important to document everything, as it will provide them with a clear picture of the events that transpired.
They can then create a case, one that can be presented before the court or can be used if it is settled out of court. Slip and fall attorneys can also assess the damages that have been caused and the type of settlement that you should receive. The amount of money that you will be awarded is often determined by substantiating your claims.
Steps You Should Take To Help A Slip And Fall Case
There are certain procedures that must be followed once you have slipped and fallen. First of all, if it is in a public area, you need to take photos right away. You should show what caused your accident, take pictures of your injuries, and also note the time that it occurred for future reference. If this has occurred on someone else’s property, you must speak with the manager at that facility to report the incident. By doing so immediately, that will synchronize the time of your injuries with the photos that you are taking which can be very helpful in proving your case.
If there were witnesses, be sure to take their names and numbers down. By having this information, personal injury attorneys will be able to contact them for testimony. Once that is done, it is important to get medical attention as soon as possible. Immediately after you have gathered your information, it’s time to go directly to the emergency room for treatment. This will not only benefit you personally, but it will also create another document describing what has happened. The physician will be able to document your injuries, and this can be used in court to explain what has happened.
How Can You Prove A Slip And Fall Accident Occurred?
Proving that a slip and fall accident has occurred requires a substantial amount of evidence. First of all, your attorneys will need to determine if the accident is the result of negligence on the part of the property or business owner. Examples of this would be showing unsafe conditions such as a wet floor without a warning sign or carpet that is clearly not installed properly. If you fell going up steps, or even down them, you can show that the property owner did not install handrails on the stairs.
You need to prove that your accident is the result of hazardous conditions that should have been fixed by the owner of the property or business. When this goes to court, the property owner will often argue that you are also partially at fault for the injuries that you sustained.
What Will The Property Owners Say In Court?
There are many arguments that the defendant will use regarding what occurred during the slip and fall accident. They will try to convince the court that the dangerous property condition is one that should have been obvious to anyone walking through it. They may also say that signage ones available, or cones outlining the dangerous area, which is why you must have photographic evidence with the timestamp to show that it was not there.
It is possible they may also try to convince the court you are simply not paying attention, or that the footwear you are using was inappropriate and led to your slip and fall accident. For all of these reasons, it is very common for courts in Brockton, Massachusetts, to use what is called the modified comparative negligence rule.
What Is The Modified Comparative Negligence Rule In Massachusetts?
This rule is designed to assign a percentage of blame to both the plaintiff and the defendant. Based on the arguments that are presented, the court will make a decision regarding who was primarily to blame. For example, if this goes to trial, the jury may determine that the plaintiff was at least 25% responsible for the slip and fall accident based on the evidence presented.
In this case, the damages that will be awarded to the plaintiff will be reduced by that amount because of shared responsibility. This will apply to damages awarded including pain-and-suffering, lost income, and the medical bills that you will be responsible for. The court will often ask questions such as did you have a reason to be on the property at the time of the accident. They may also ask the owner if they did provide ample warning in regard to dangerous conditions that led to the plaintiff slipping and falling.
Another question will involve what is called reasonable caution. This pertains to people that may have been distracted at the time of the incident. Finally, they may also ask if you were doing anything at the time of the accident which would have contributed to the injuries you have sustained. Based upon the answers to those questions, and the evidence presented, the court and the jury will come to a final verdict.
How Much Can A Slip And Fall Lawsuit Be Worth?
The amount of money that can be obtained as a result of a slip and fall accident will depend upon several factors. For example, an average slip and fall accident is often more than $30,000. If the damage sustained was severe, or if it will require ongoing treatment, the cost of that accident can be much more. This amount of money, along with lost income and pain and suffering, will lead to a substantial amount being awarded to the plaintiff if they are found to be not at fault.
The settlement amount is typically reflective of all of these costs. If the case is settled out of court, the amount is often a mutual agreement between the plaintiff and the defendant in the case. If they cannot come to an agreement, these cases will go to trial, and that is why you will certainly need a premises liability attorney to intercede.
Are There Time Limits On Filing For A Slip And Fall Lawsuit?
In the state of Massachusetts, slip and fall injury cases can be filed up to three years from the date of the accident. The statute of limitations is very firm on this exact timetable. If you do not pursue this prior to this time frame, you will void your ability to pursue any type of settlement.
File Your Claim With Our Brockton Slip And Fall Lawyers
If you have recently slipped and fallen at a place of business, or on another person’s property, you may have the ability to file a lawsuit to obtain a settlement. The cost of slipping and falling can sometimes be extremely expensive. You need to pursue legal action to pay for your injuries, lost time from work, and the pain-and-suffering. It is important to speak with a Brockton personal injury attorney as soon as possible. If you have gathered evidence regarding this incident, you should set an appointment right away. Contact our law offices by calling us at 508-506-5681.