A sudden fall can change everything in an instant. If a property owner’s carelessness caused your fall, you might have a right to payment for your injuries. A Massachusetts slip and fall lawyer can help you understand your options and fight for fair compensation.

Brooks Law Firm helps people across Massachusetts who’ve been hurt in falls caused by unsafe conditions. Call us today at (617) 245-8090 for a free conversation about your case.

Dealing with insurance companies and legal procedures can be confusing and stressful, especially while recovering. Having an experienced Massachusetts slip and fall attorney from Brooks Law Firm handle your claim offers significant advantages.

Your lawyer acts as your advocate. We protect your rights and look out for your best interests. We take on the burden of the legal process, allowing you to focus on getting better. We know how to build a strong claim based on Massachusetts law.

Here’s how we can help your claim.

The Investigation

A Massachusetts slip and fall attorney will investigate your accident thoroughly. This includes gathering evidence like photos, witness statements, and accident reports. We work to prove the property owner was negligent and responsible for your injuries.

Totaling Damages

Your personal injury attorney calculates the full value of your claim. This isn’t just about current medical bills. It includes future medical needs, lost earning capacity, and the pain and suffering you’ve endured. 

Negotiating and Preparing for Trial

Negotiating with insurance companies is a key part of what a Massachusetts slip and fall lawyer does. Insurers have teams of lawyers working to minimize payouts. Your attorney levels the playing field, using their knowledge of Massachusetts premises liability law to argue for a fair settlement. 

If a fair settlement isn’t offered, we’re prepared to take your case to court.

To win a slip and fall case in Massachusetts, you usually need to show that the property owner was negligent. Negligence means the owner failed to act reasonably to keep their property safe. This failure must have directly caused your injury.

Property owners have a legal duty to maintain their property in a reasonably safe condition. They must fix known hazards or warn visitors about them. This applies to homeowners, businesses, landlords, and government entities. 

For example, a store owner should routinely check for spills and clean them up promptly. A landlord should fix broken stairs or handrails. An owner should take reasonable steps to clear snow and ice after a storm. Failing to do these things could be considered negligence.

Proving negligence can be complex. Property owners and their insurers often dispute liability. An experienced Massachusetts slip and fall attorney knows how to gather the evidence needed to establish negligence under Massachusetts law.

Falls can happen almost anywhere, but certain conditions frequently lead to injuries. Understanding these common causes helps your Massachusetts premises liability lawyer investigate your claim. Property owners should be aware of and address these hazards.

Some typical causes include:

• Wet or slippery floors from spills, mopping, or tracked-in rain or snow
• Icy or snowy sidewalks, parking lots, and entranceways that weren’t properly cleared or treated
• Uneven or cracked pavement, sidewalks, or flooring
• Poor lighting in stairwells, hallways, or outdoor areas
• Loose rugs, mats, or carpets without proper backing or warnings
• Broken stairs or missing/faulty handrails
• Clutter or debris left in walkways
• Potholes or other defects in parking lots or walkways

No matter what caused your fall, if it happened because a property owner was careless, you may have a claim. A slip and fall lawyer in Massachusetts can evaluate the specific circumstances of your accident.

Premises liability holds property owners responsible for injuries that happen on their property due to unsafe conditions. 

Massachusetts premises liability law requires owners to maintain their property in a reasonably safe condition for lawful visitors. This includes fixing hazards they know about or should know about.

The owner’s duty depends partly on why you were on the property. Visitors are generally categorized as invitees, licensees, or trespassers. 

In Massachusetts, owners owe the highest duty of care to invitees (like customers in a store or guests invited to a home). They must actively inspect the property for dangers and fix them or warn about them.

Owners also owe a duty of reasonable care to licensees (social guests). For known trespassers, especially children, owners still have some duties, like avoiding willful or reckless harm and warning about known dangers. 

Your Massachusetts slip and fall attorney can explain how these categories apply to your case.

What if I Was Partially at Fault for My Fall?

Massachusetts also follows a modified comparative negligence rule, which means that if you were partially at fault for your fall, your compensation might be reduced. However, you can still recover damages as long as your percentage of fault is not more than 50%. 

Insurance companies may argue that the victim was mostly at fault to avoid paying. Your Massachusetts slip and fall attorney will work to counter these claims and show that the property owner bears primary responsibility.

If a property owner’s negligence caused your fall, you can seek compensation, known as damages, for your losses. A Massachusetts slip and fall lawyer helps identify and calculate all potential damages.

Damages in a Massachusetts premises liability case often include:

• Medical Expenses: This covers all past, current, and future medical costs related to the fall, including emergency room visits, hospital stays, surgeries, doctor appointments, physical therapy, medications, and medical equipment.
• Lost Wages: If your injuries prevented you from working, you can claim compensation for your lost income.
• Loss of Earning Capacity: If your injuries cause long-term or permanent disability affecting your ability to earn money in the future, you can seek damages.
• Pain and Suffering: This compensates you for the physical pain, emotional distress, and loss of enjoyment of life caused by the injury. 
• Other Out-of-Pocket Expenses: You might be able to recover costs for things like transportation to medical appointments or home modifications.

The specific amount of compensation depends on many factors, including the severity of your injuries, the clarity of the property owner’s negligence, and the strength of the evidence. 

Brooks Law Firm fights to ensure you get fair payment for all harms and losses stemming from the fall. Your lawyer will build a case to maximize the compensation you receive.

Strong evidence is needed to prove negligence and secure compensation in your claim. Your Massachusetts slip and fall attorney will guide the investigation, but your actions soon after the fall can be very helpful. 

Key pieces of evidence often include:

• Photographs and Videos: Pictures or videos of the exact spot where you fell, taken as soon as possible, are powerful evidence. Capture the hazardous condition (ice, spill, broken step) before it’s fixed or cleaned up. Also, photograph your injuries.
• Accident or Incident Reports: If you fell at a business and reported the incident to the manager or owner, ask for a copy of any written report they created. 
• Witness Information: Get names and contact information for anyone who saw you fall or saw the dangerous condition. Witness testimony can support your version of events.
• Your Clothing and Shoes: Keep the shoes and clothing you wore during the fall. Don’t wash them. They might be relevant evidence, especially if the defense tries to claim your footwear caused the fall.
• Medical Records: Your medical records provide official documentation of your injuries, treatment, and costs. Follow all of your doctor’s orders and attend all appointments.

Your Massachusetts premises liability lawyer will use this initial evidence and investigate further. This might involve requesting maintenance logs, security footage, or expert opinions to strengthen your claim.

Navigating the aftermath of a fall raises many questions. Your Massachusetts slip and fall lawyer at Brooks Law Firm can provide answers specific to your situation during a free consultation.

What Makes a Property Owner Legally Responsible for a Fall in Massachusetts?

A property owner is generally responsible if their negligence caused the fall. This means they failed to keep their property reasonably safe, leading directly to your injury. 

They must have known, or reasonably should have known, about the dangerous condition, but they didn’t fix it or adequately warn you about it. 

What if the Dangerous Condition Was Obvious?

Even if a hazard seems obvious in hindsight, the property owner might still be liable. Massachusetts law considers whether the owner should have expected that a visitor might still be injured by the condition, perhaps due to distraction or simply not noticing it. 

While the obviousness of a hazard can be a factor in determining fault, it doesn’t automatically excuse the property owner. A Massachusetts premises liability lawyer can analyze how this applies.

How Long Do I Have To File a Slip and Fall Lawsuit in Massachusetts?

In most cases, you have three years from the date of the injury to file a lawsuit in Massachusetts. This deadline is known as the statute of limitations. If you miss this deadline, you likely lose your right to seek compensation through the courts. 

Claims against government bodies often have much shorter notice deadlines, so contact a Massachusetts slip and fall attorney promptly.

What Kind of Evidence Does a Massachusetts Slip and Fall Lawyer Need?

Helpful evidence in a slip and fall case includes photos or videos of the hazard and your injuries taken soon after the fall, the official incident report filed with the property owner, contact information for witnesses, and your medical records detailing injuries and treatment. 

Keeping the shoes you wore can also be useful. Your Massachusetts slip and fall attorney will use these items and other evidence gathered during the investigation.

Can I Still Recover Damages if I Was Partially at Fault for the Fall?

Massachusetts follows a modified comparative negligence rule, which means you can recover damages as long as your percentage of fault is 50% or less. The percentage of your fault will reduce your total compensation. 

A key role of your Massachusetts slip and fall lawyer is to minimize any fault assigned to you and maximize your recovery.

A serious fall caused by someone else’s carelessness shouldn’t derail your life without accountability. You have rights under Massachusetts law, and you don’t need to navigate the complex legal system by yourself. 

Let Brooks Law Firm be your advocate. As experienced Massachusetts slip and fall lawyers, we’re committed to helping people in the Boston area and across the state get justice. 

We’re ready to fight for the fair compensation you deserve. Call Brooks Law Firm now at (617) 245-8090 to discuss your case for free.