Slip & Fall Lawyer in Somerville, MA
Slips and falls happen suddenly and unexpectedly, often leaving behind a range of injuries. Sometimes, the injuries are as minor as mild bruising, but in other cases, they might be as serious as broken bones or traumatic brain injuries. The more serious injuries can require expensive medical care, which can quickly create a financial burden.
While pursuing legal action can’t undo the injury, it may help offset the costs associated with the accident. If you’ve sustained an injury due to another’s negligence, our experienced Somerville slip and fall lawyers at the Fogelman Law Firm can help you determine your legal options and fight for compensation.
The Most Common Causes of Somerville Slip & Fall Accidents
Slips and falls can happen for several reasons. The most common causes of these accidents include:
- Slippery conditions due to weather, such as water, ice, or compact snow on sidewalks, entryways, and walkways
- Wet floors due to recent cleaning or spilled liquids
- Poor lighting or a lack of lighting in various areas, such as in hallways or stairwells
- Loose debris on the ground, such as haphazard boards strewn across a construction site or mats in a restaurant without non-slip backing
- Broken or missing handrails in bathrooms and stairwells
- Uneven flooring or ground, such as abrupt bumps in grassy lawns or large potholes in crosswalks and roadways
When these conditions are the result of another’s negligent actions, you may have grounds for legal action. For example, suppose you’re at a restaurant enjoying dinner. When you get up to leave, you slip on an unmarked puddle of spilled liquid near the entryway or the bathroom that the restaurant knew or should have known about. In this case, you may pursue legal action against the restaurant for your injuries.
How Does Fault Affect My Slip & Fall Accident Case?
Fault plays a pivotal role in many personal injury cases, including slip and fall accident lawsuits. Determining who is at fault for the accident determines who is responsible for the victim’s injuries and compensation.
In Massachusetts, these cases abide by the rule of comparative negligence. This means that victims can share part of the blame for the accident but still may pursue compensation from the party with the greater percentage of fault. For example, if you’re less than 50% to blame for the accident, you may still pursue compensation, but your damage award will drop in proportion to your percentage of the blame.
However, if you’re more than 50% at fault, you may not pursue compensation from the other party. Given these rules, both parties generally bring evidence intending to shift the bulk of the blame to the other party. So, it’s essential to work with a skilled Somerville slip and fall lawyer who can help advocate for your rights and interests.
The Differences Between Slips and Falls on Private Property vs. Public Property
The specifics of a slip and fall accident case can vary based on where the accident occurs. In Massachusetts, the legal framework varies between accidents on private property versus those that occur on public property.
Property owners or current tenants of private property are typically responsible for keeping the premises in a reasonably safe condition. So, if you’re injured on private property, such as at someone’s home, business, or in a rental property, you may pursue legal action against the property owner.
However, if the accident occurs on public property, such as a sidewalk or in a government building, pursuing legal action becomes more complicated. Governmental agencies in Massachusetts have specific legal protections, so lawsuits against them can be complex and challenging.
At the Fogelman Law Firm, we’ve handled both types of cases. Whether you slip and fall on private property or public property, we can help.
What Types of Damages Are Available in a Slip & Fall Lawsuit?
Like most personal injury lawsuits, two primary types of compensation are available in slip and fall lawsuits: economic and non-economic damages. The first type, economic damages, applies to financial losses stemming from the accident, including medical bills, lost wages, and loss of future earning capacity.
The second type, called non-economic damages, applies to the non-financial losses related to the incident, such as pain and suffering, and emotional distress. Given that each case is unique, non-economic damage amounts are subjective. Lawyers often use the economic damage amount to find a fair and meaningful amount to pursue.
How Long Do I Have to File a Slip and Fall Case?
In Massachusetts, there’s a deadline for filing personal injury cases, including slip and fall cases. This is called the statute of limitations, and for slip and fall cases, it extends three years after the date of the incident.
If you plan to take legal action against the at-fault party, you must file your claim within this deadline. If you fail to submit the claim within three years of the incident, you may forfeit your ability to pursue legal action against the at-fault party. So, it’s crucial to act quickly and contact a skilled Somerville slip and fall lawyer to help you stay abreast of applicable deadlines.
How a Somerville Slip & Fall Lawyer Can Help
The aftermath of a slip and fall accident can be chaotic, especially if you sustain a serious injury. Adding the stress of pursuing legal action on top of recovering from an injury can quickly become overwhelming, but that’s where our experienced team can help.
We know how stressful these situations can be and are here to help streamline the process to ensure you can focus on recovering. Our Somerville slip and fall lawyers are here to guide you through every step. We will:
- Conduct an investigation to determine the circumstances surrounding your accident
- Collect evidence to support your claim, such as security footage, witness testimonies, and police reports
- Stay on top of deadlines and ensure all paperwork is filed within appropriate timelines
- Advocate for your rights and best interests
- Help you understand the possible outcomes and the types of damages you may be entitled to
- Determine who is liable for your injuries and assess the strength of your case
- Provide legal guidance and representation throughout the legal process
- Negotiate with insurance companies for a fair settlement
- Represent you in court if a fair settlement cannot be reached
Talk to Our Skilled Team at the Fogelman Law Firm
If you’ve sustained an injury in a slip and fall accident due to another’s negligent actions, our experienced Somerville slip and fall lawyers are here to help. We’re here to simplify the process, ensuring you don’t have to deal with the complexities of the legal system alone. Contact us today at (617) 559-1530 or complete our online contact form to start with a free consultation.
