Slip & Fall Lawyer in Newton, MA
Slips and falls are serious. They constitute the leading cause of serious injury in senior citizens. They lead to thousands of trips to the emergency room every year for a wide variety of injuries, including broken bones (often broken hips, arms, and shoulders), severe bruising, back injuries, head injuries, and death.
Frequent Causes of Slip and Fall Injuries in Newton, MA
Slips and falls often result from:
- Cracked, uneven, or broken pavement or sidewalk
- Tattered or torn carpets
- Broken stairs or steps
- Hidden steps or concealed holes
- Broken or compromised handrails
- Poor lighting and inappropriately dark conditions
- Wet, slick, or slippery floors, including in supermarkets
- Snow or ice
- Exposed holes, craters, or ditches
- Crowded or blocked walkways
- Falling objects or merchandise in stores
Settlements & Verdicts
A woman that fell in another’s home due to a defective step.
An elderly woman who fell at local pharmacy due to dangerous stairs.
A woman who fell during a overcrowded aerobics class.
Understanding the Legal Liability in Massachusetts for Slip & Fall Injuries
All property owners and lessees in Newton, Massachusetts have a legal duty to keep their property in a safe condition so that visitors are not injured. The key to determining whether a property owner or lessee is liable for a slip and fall injury will depend upon whether they were “negligent” in allowing an unsafe condition to exist.
“Negligence” is a legal term, and in the case of slips and falls, is based upon whether a “reasonable person” knew that their property was dangerous, and what action a reasonable person would have taken to make the property safe. For instance, if a person is injured on a store sidewalk because the store failed to clear ice, the store may be liable, because a reasonable person would have cleared the ice in order to prevent injuries.
As slip and fall injury lawyers, our role is to demonstrate that the property owner or lessee knew (or should have known) about the unsafe or hazardous condition, and failed to repair or fix the condition in a reasonable amount of time. It will be up to a jury to determine what “reasonable” actions should have been taken, as well as what amount of time is “reasonable” depending upon the facts and circumstances of the situation. In addition, the victim must also prove that he or she sustained an injury as the result of the slip and fall.
Compensation Available in Slip and Fall Cases – How We Work to Get Clients a Fair Settlement
In slip and fall cases, compensation normally consists of a monetary payment for pain and suffering, medical expenses, rehabilitation costs, and lost wages that were suffered by the victim.
Many slip and fall cases settle prior to trial, and many cases settle even before formal litigation is commenced. Our firm is focused on obtaining full and fair compensation for our clients as quickly as possible. In order to do so, the most effective strategy is to fully build a case, and show the defendant and their counsel why the facts overwhelmingly prove that the defendant is liable.
While we attempt to settle cases prior to trial, we demand fair value. We do not seek “low value” settlements; instead, we expend the time and resources to position our clients for a successful result at trial if a fair settlement is not forthcoming.
We are trial lawyers. Defendants and their counsel know that we will have no hesitation in bringing the cases of our clients to court and to trial. A jury then can determine fault and liability. Defendants then will have the choice – pay our clients fair compensation, or risk paying even more (plus, in employment cases, attorneys’ fees) by taking a case to trial.
Frequently Asked Questions
How Long Do I Have to File a Slip and Fall Claim?
The amount of time you have to file a slip-and-fall claim against the at-fault party varies by state. In Massachusetts, the statute of limitations for most personal injury lawsuits is three years. This means you have three years to file your lawsuit against the at-fault party. If you don’t file your claim within this timeframe, you may forfeit your ability to pursue compensation from them.
How Much Does it Cost to Hire a Slip and Fall Lawyer?
When you hire a slip and fall lawyer from the Fogelman Law Firm, you won’t have to worry about out-of-pocket costs during this already stressful time in your life. We offer free consultations to get started and work on a contingency basis. If we recover a settlement of verdict for you, our payment is a percentage of that total amount.
How Much Is My Slip and Fall Case Worth?
The value of your slip and fall case depends on the circumstances surrounding your accident, such as the severity of your injury. Generally, more severe injuries with a lesser likelihood of full recovery are worth more, but this can vary based on the specifics of your case. Our knowledgeable slip and fall lawyers at the Fogelman Law Firm will evaluate your case to determine a fair and meaningful amount to pursue.
Please Call Our Firm About Your Slip and Fall Case in Newton, MA
Put us to work for you. We offer a free consultation, and no fees unless you recover.
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Client Review
“Matt Fogelman was our first experience with a personal injury lawyer, and we were unsure of the steps involved. In our first meeting he listened carefully and sympathetically and clearly explained the process to us, making it an easy decision to have him represent us in a case involving an injury due to poorly lit stairs. He was regularly in contact with us to discuss the progress of the case, and when the insurance company originally refused to negotiate a settlement, he kept after them and offered us excellent advice to hire a lighting expert to improve our chances of winning a settlement. When the insurance company then signaled a willingness to settle, he was able to negotiate a much higher settlement thanks to the evidence presented by that expert. He also managed to accomplish this in much less time than typical personal injury cases require. We have highly recommended him to our friends.”
Google Review 5 Stars – R.C.
