Slip & Fall Lawyer in Brookline, MA
Hazardous conditions, such as strewn debris on a construction site, icy sidewalks in an apartment complex, and crosswalks littered with potholes, can lead to significant injuries in a slip and fall accident. Sometimes, the injuries might be minor, such as a few bruises, but in other instances, the accident may leave you with broken bones, a traumatic brain injury, or even a spinal cord injury.
If your accident is the result of someone else’s negligence, you may be eligible to pursue legal action against them. Our experienced Brookline, MA, slip and fall lawyers at the Fogelman Law Firm can help you determine your legal options based on the specifics of your case.
Common Causes of Slip & Fall Accidents
Slips and falls are a regular occurrence, often stemming from a handful of common causes. Common causes of slip and fall accidents that may have grounds for a lawsuit include:
- Slippery conditions due to weather, such as ice or compact snow on walkways, entryways, bathrooms, and sidewalks
- Wet floors due to a spilled liquid or recently mopped area
- Loose debris on the floor, such as power tools, electrical cords, or loose mats without non-slip backing
- Poor lighting in hallways, stairwells, and similar areas
- Broken or lack of handrails in bathrooms, stairwells, and similar areas
- Uneven flooring or ground, such as potholes in roadways or major cracks in sidewalks
If you slip, fall, and injure yourself due to a condition caused by another’s negligence, you may have grounds for a lawsuit.
For example, suppose your apartment landlord, responsible for snow removal, fails to remove snow and ice accumulation on sidewalks in the complex. Their failure to remove the slippery accumulation may lead to your slip and fall and, consequently, your injury, so you may pursue legal action against them for failing to maintain the sidewalk.
Understanding Slip & Fall Lawsuits
Like other personal injury lawsuits, slip and fall lawsuits can be complicated. Multiple factors play into the outcome, including comparative negligence laws, where the accident occurred, and the statute of limitations.
The Role of Fault
Massachusetts operates under a comparative negligence rule, so fault is integral in slip and fall lawsuits. Under this rule, your ability to recover damages can be affected by your percentage of fault in the accident. If you are more than 50% to blame for the accident, you might be unable to recover compensation from the other party.
The court will carefully consider all aspects of the accident to assign fault. It’s important to note that while you may still pursue compensation if you are less than 50% at fault, your compensation will drop by your percentage of fault.
Given the specifics of comparative negligence, both parties often bring evidence to shift the larger portion of blame to the other party. So, it’s important to work with a skilled Brookline slip and fall lawyer who can help you work toward securing compensation.
Accidents on Private vs. Public Property
The specifics of a slip and fall lawsuit can vary based on where you’re injured. The legal framework in Massachusetts varies between accidents that happen on public versus private property, so where the accident happens matters.
Accidents that occur on private property are generally straightforward. Property owners or current tenants are typically required to keep the premises, such as a home, business, or rental property, in a reasonably safe condition. If you were to sustain an injury due to an unmarked wet floor in a grocery store that the owner knew about or should have known about, you may pursue legal action against the owner.
Accidents that occur on public property are more complex. In Massachusetts, governmental entities enjoy specific legal protections, so pursuing legal action against them for an injury sustained on public property, such as a public sidewalk, park, or government building, can be more complicated.
Statute of Limitations
In Massachusetts, a specific statute of limitations applies to personal injury cases, including slip and fall accidents. In these cases, you typically have three years to pursue legal action against the at-fault party.
If you don’t file your claim within this timeframe, you may lose your ability to pursue legal action, so it’s important to act quickly. Contact a knowledgeable Brookline, MA, slip and fall lawyer as soon as possible. We can help you stay on track and file applicable documentation within applicable deadlines to ensure you don’t lose your ability to hold the at-fault party accountable.
Types of Damages Available
Those injured in personal injury cases, including slip and fall accidents, may pursue multiple types of damages in a lawsuit. The first type is called economic damages. It applies to the financial losses related to your case, such as medical bills, lost wages, or loss of future earning capacity.
The second type is called non-economic damages. As the name implies, these damages apply to the non-financial losses related to your case, such as pain and suffering and emotional distress. Unlike economic damages, these damages are subjective, so a set number doesn’t apply to non-economic damages. To calculate a fair and meaningful amount to pursue, your lawyer will carefully evaluate your case, often basing the number on your total economic losses.
How Can a Brookline, MA, Slip & Fall Lawyer Help
Navigating a Brookline slip and fall accident lawsuit can be complicated. Between the stress of recovering from an injury and the complexities of the legal system, it can quickly become overwhelming. That’s where our knowledgeable Brookline slip and fall lawyers at the Fogelman Law Firm can help.
We’re here to guide you through every stage of the process. We will:
- Analyze the circumstances of the accident to help you determine your legal options
- Provide guidance on the legal processes and potential outcomes of the case
- Collect and preserve evidence, such as surveillance footage and witness testimonies, to support your claim
- Navigate the complexities of comparative negligence laws and assess the impact of fault on your ability to recover damages
- Ensure that all required documentation is filed within applicable deadlines
- Field and negotiate settlement offers from the other party’s insurer
- Offer legal guidance to help you determine whether you want to settle
- Represent you in court to help you fight for compensation if you don’t receive a fair settlement offer
Consult With Our Experienced Slip & Fall Lawyers at the Fogelman Law Firm
If you’ve sustained an injury in a slip and fall accident stemming from another’s negligence, you may have grounds for a lawsuit. Our skilled slip and fall lawyers at the Fogelman Law Firm have helped many Brookline residents navigate the complexities of their cases and can help you do the same. Call us at (617) 559-1530 or complete our online contact form to learn more about how we can help you.
