Negligence plays a big part in every accident, whether the fault is shared by both parties involved or not. The facility in which the accident happened holds some negligence for a slip and fall injury, no matter where it happened.
Litigating the factors of negligence and liability are not something to be done alone. The personal injury attorneys at Weigand Law have 50 years of combined legal experience helping those on the Cape gain maximum compensation for their injuries.
Don’t let an insurance company deny you compensation for you slip and fall injury. Let our attorneys guide your claim today.
What to Do After a Slip and Fall Accident
The most important thing to do after you’ve slipped and fallen in someone else’s building is to document your injuries. The best way to do that is by immediately going to see a doctor. Whether that’s an emergency room or an urgent care facility, there’s no time to waste after a slip and fall accident.
Inspect the Facility You Slipped and Fell In
After you’ve fallen, you need to determine what caused you to fall. Look around if it isn’t apparent because any number of things could cause a slip or trip. Such as:
- Spilled Liquids
- Cleaned floors that weren’t dried properly
- Foreign Objects
- Cracked Floors
- Loose boards or tiles
- Too many people in one area
If any of the following causes led to your fall, the building you were in should have a warning sign. If a crowd trampled you, there’s a chance the building let more people in the store than the fire marshal permits. Every building in Massachusetts has a fire marshal inspection and a maximum occupancy.
Do I have a Slip and Fall Case?
Once you have put these two factors together, it’s time to call a Cape Cod personal injury lawyer. When you call for a consultation, the lawyer will ask you about the previously mentioned factors:
- What are your injuries?
- Can they get backed up by a doctor?
- Did the facility act negligently?
Once you answer those three questions, the personal injury lawyer will decide if you have a slip and fall case. An excellent personal injury lawyer will generally find the negligence and go forward with the matter.
From there, it will be up to your lawyer to prove to a court or insurance company that the facility is guilty of negligence. The attorney will have to use hard evidence to determine the facility could have prevented your slip and fall accident.
Complications with Slip and Fall Cases
The facility in defense will make several claims against you in court. Some of the most common ones we hear are:
- The victim was careless
- The foreign object was meant to be in place of accident
- A facility policy was being enforced, which the victim did not follow
- The victim was partially responsible for the accident
Again, it’s up to the personal injury lawyer to prove negligence amid these obstacles. That’s why it’s wise to hire the personal injury attorneys at Weigand Law for your Cape Cod slip and fall case. 30 years of legal experience will go a long way in navigating these tricks in court.
How Much is My Slip and Fall Case Worth?
Your slip and fall accident compensation depends on two things: the injuries you suffer and the liability insurance of the facility. Most facilities take ownership of their property, which means they have liability insurance. The insurance company is where the money will be paid out, and neither the facility nor the insurance company is incentivized to pay out in full.
Your injuries will be the real determining factor in what an insurance company pays out. Those damages, monetary and non-monetary, can be the following:
- Medical Bills
- Lost Wages
- Housing Bills
- Pain and Suffering
These damages, which will be proven through bills and receipts or the attorney swaying a judge, will determine a settlement.
For example, a slip and fall case resulting in medical bills and lost wages alone typically yield a settlement between $15,000 and $25,000. Again, your salary, medical bills, and housing costs all play a factor here. The more you make, the higher your lost wages would be.
Where a personal injury attorney can make a difference is in arguing for the non-monetary damages like pain and suffering. That’s where you want a personal injury attorney whose seen their fair share of slip and fall accidents on the Cape.
When Do I Need a Slip and Fall Lawyer?
If you’ve suffered severe injuries from a fall on someone else’s property, you need to contact the personal injury lawyers at Weigand Law today.
Our attorneys have seen several slip and fall cases on Cape Cod and will be no stranger to your situation either. Nothing gets by Blair Weigand after 30 years of serving residents all over East Massachusetts.
Call our office today at 508-775-3118 or email us for a free, confidential consultation on your slip and fall accident.
Frequently Asked Questions
What do I need to prove in a slip and fall case in Massachusetts?
To recover compensation after a slip and fall in Massachusetts you generally need to prove that the property owner or occupier knew or should have known about the hazardous condition, that they failed to fix it or warn you about it, and that the hazard caused your injury. Unlike some states, Massachusetts does not apply a simple “notice” rule uniformly across all premises liability cases. The standard of care owed to you can depend on whether you were an invited guest, a customer, or in another category.
What if I slipped on ice or snow outside a property?
Massachusetts has abolished the old distinction between natural and unnatural accumulations of snow and ice. Under current law, property owners have a duty to act reasonably to protect visitors from snow and ice hazards on their property. If a property owner failed to take reasonable steps to address an icy walkway or parking lot and you were injured as a result, you may have a valid claim.
Can I still recover compensation if I was partly at fault for my fall?
Possibly. Massachusetts uses a modified comparative fault rule, which means your compensation is reduced by your percentage of fault. If you are found to be 51% or more at fault you cannot recover anything. If you are less than 51% at fault, you can still recover, though your award will be reduced proportionally.
How long do I have to file a slip and fall lawsuit in Massachusetts?
The statute of limitations for premises liability and slip and fall claims in Massachusetts is three years from the date of the injury under M.G.L. c. 260, § 2A. There are special rules for claims against government entities, which often require earlier notice. Contact an attorney as soon as possible after a fall.
What should I do after a slip and fall injury?
Seek medical attention right away. Report the incident to the property owner or manager and ask for a written incident report. Photograph the hazard and your injuries before anything is cleaned up or repaired. Get the names and contact information of any witnesses. Keep all medical records and receipts related to your injury. Do not give a recorded statement to the property owner’s insurance company before speaking with an attorney.
What does it cost to hire a slip and fall attorney?
Weigand Law handles slip and fall cases on a contingency fee basis, meaning there may be no fee unless you recover compensation. There is no upfront cost and no fee for an initial consultation.