How Much Is a Slip and Fall Case Worth?
Each year millions of people are brought to the hospital due to slip and fall injuries. When someone slips and falls somewhere — whether at work, the grocery store, or a store — in Massachusetts, the owner is typically responsible and held liable for the accident. Settling cases like this require a combined outcome of several factors that help determine the value of the settlement. This includes who is liable, whether negligence contributed to the incident and the severity of the incident.
What Impacts a Slip and Fall Settlement
Most slip-and-fall cases are settled without the need for a trial. In most cases, either the insurance company or the defendant will offer up a settlement that is worth a satisfactory amount to the plaintiff. If they disagree with the offer, the case could go to trial to determine a resolution. Oftentimes, the plaintiff will take the offer without the case going to trial.
The statute of limitations makes it so you have three years to file your claim and sue for your injuries. The initial demand letter that you must write is the first step in the slip-and-fall case process. You must document everything to provide strong evidence to back your claim.
Your slip and fall attorney may use the following types of evidence to help you back your claim:
- Photos or videos of the incident (security footage, photos of the scene of the incident, etc.)
- Witness statements
- Statements from doctors or medical care professionals
- Medical bills
After a slip and fall incident, you should contact an attorney as soon as possible to ensure that you are not missing the opportunity to collect additional evidence to support your claim.
Slip and Fall on a Commercial Property
Each Massachusetts establishment must care for all people on their property and help prevent any injuries through property safety and security measures. Failure to do this is a premises liability and injuries that result from this can be compensable through settlements or litigations. This can happen at a place of work and the settlement is meant to assist with the medical bills and workers’ compensation.
Potentially dangerous conditions that commercial properties could help avoid include:
- Wet floors without a warning sign
- Damaged stairways, walkways, or railings
- Poor lighting for people walking
- Unsafe interior
Because the law permits commercial property owners to create a safe area for people, any person who was injured on your property can sue you for negligence if not following proper safety protocols.
Slip and Fall on a Residential Property
Massachusetts abides by similar rules when it comes to encouraging safety on their property. People can sue homeowners for negligence if they are not providing a safe environment. Someone can also sue their landlord if their landlord neglects common safety measures or does not follow the safety measures agreed upon when the lease was signed.
Figuring out which party is at fault can be extensive. A personal injury attorney with experience handling commercial property cases will inform you of the rights and legal options you have for your unique case.
Premises Liability in Massachusetts
Premises liability in Massachusetts requires residential or commercial property owners to maintain responsibility toward offering a safe environment for others. If an owner violates that duty, they could be liable for their injuries.
Anyone who enters your property is a “visitor” who can file a lawsuit against you if they are injured due to your negligence. Premises liability provides visitors with the opportunity to recoup the cost of treating injuries caused on your property. Compensation from a slip and fall settlement can help pay for things like attorney fees, medical bills, and pain and suffering.
How Long Does It Take to Receive a Slip and Fall Claim?
According to the statute of limitations, an injured person has three years to file a lawsuit for a slip and fall claim. That means the defendant may not be notified directly after an incident. The amount of time it takes someone to file a lawsuit varies from months to years. Some people may wait to receive medical bills before filing. Others may wait until they receive legal advice from their attorney.
Slip and Fall Settlements in Massachusetts
Massachusetts law has specific regulations in place to help avoid slip and fall incidents. If you injure yourself in a slip and fall accident, it’s important to know what legal options are available to you. Determining who is at fault is the biggest contributor to a slip and fall claim. An experienced slip and fall attorney can help you determine the best court of action moving forward.
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