The answer to the title question of which types of slip and fall cases you can hire an attorney is: any and all of them that occur on someone’s property other than your own and which result in injuries for which you must seek treatment.
Nationwide, slips, trips and falls happen all too frequently. Statistics show that:
- Slips, trips and falls account for 960,000 emergency room visits each year.
- They are the primary cause of days lost from work.
- They are the leading cause of workers’ compensation claims filed by workers age 55 and older.
- They account for 16% of all workers’ compensation claims and 26% of all costs.
- They are the second leading cause of injury-related deaths for people in the 65-84 age bracket, and the leading cause of injury-related deaths of people age 85 and older.
- Floors and flooring materials account for more than 2 million falls annually.
- Half the people age 65 and above fall every year.
- Your risk of falling increases the older you get.
Where S&Fs Occur
You can slip, trip or fall almost anywhere, both indoors and outdoors. Common places where these types of accidents occur include:
- A grocery store with a wet floor due to spillage
- An office with torn carpeting or loose floor tiles
- A restaurant with poor lighting in the hallway or stairwell leading to the restrooms
- A parking lot or sidewalk on which snow, ice or debris has been allowed to accumulate
- A parking lot or sidewalk with an uneven or damaged surface
- An apartment complex swimming pool
- A hospital with overly waxed or buffed hallway floors
Possible S&F Injuries
Slips, trips and falls should not be taken lightly. They can result in serious injuries, such as:
- Traumatic brain injury, of which falls are the number one cause
- Spinal cord injury
- Broken bones
- Deep cuts and lacerations
- Torn muscles and ligaments
- Joint damage
- Strains and sprains
- Internal organ damage
Slip and fall cases are part of the premises liability area of the law, which itself is a subset of personal injury law. Each state has its own set of premises liability laws, but all agree that a property owner has the duty to keep his or her property in a reasonably safe condition for visitors, and sometimes even trespassers, especially children.
Naturally, it’s your own responsibility to watch where you’re walking and avoid obvious hazards and dangers. Nevertheless, if you slip, trip or fall on someone else’s property despite your vigilance, you have the right to sue its owner or possessor, assuming that he or she knew or should have known that the property contained a hazard or otherwise dangerous condition. To establish this knowledge on his or her part, you will need to present evidence showing at least one of the following:
- That he or she created the hazard or condition
- That he or she knew the hazard or condition existed, but nevertheless negligently failed to repair or remove it
- That the hazard or condition existed for such a long time that he or she should have not only discovered it, but also fixed it prior to the time it caused you to slip, trip or fall and become injured
How an Experienced Local S&F Lawyer Can Help You
Your best interests dictate that you contact an experienced local personal injury lawyer who specifically practices slip and fall law as soon as possible after your accident. He or she can help you in numerous ways. Here are just a few:
Understanding the Law
As mentioned, each state has its own laws regarding what duty of care a property owner or possessor has to the general public, guests and trespassers. This is why engaging a local attorney is so important. He or she is likely far better versed in the laws and ordinances governing the precise location where you slipped and fell than an outsider would be.
In addition, he or she can investigate the circumstances surrounding your accident and establish whose negligence caused it, and therefore the person, people or entity you should sue.
Furthermore, he or she will know and ensure that you file your lawsuit within the time period allowed by your state’s statute of limitations, which in Massachusetts, for instance, is three years from the date of your accident.
Finally, he or she will be able to advise you about your state’s laws regarding contributory negligence. For example, Massachusetts is a modified comparative negligence state. This means that if you fell in Massachusetts and your own negligence or carelessness contributed to the accident, you can still recover damages as long as a jury determines that the percentage of your negligence was less than that of the combined negligence of all the defendants.
Dealing With the Insurance Company
You may be sure that representatives of the defendant’s insurance company will do everything they can to pay you as little as possible and convince you to settle quickly. Your local slip and fall lawyer undoubtedly has far more experience in dealing with insurance companies than you do. He or she can therefore negotiate with this one more effectively than you can.
Thanks to his or her previous experience, he or she also knows a lowball settlement offer for your particular type of injury when it occurs and can advise you to reject it.
Representing You In Court
If the insurance company proves to be unreasonable, your case will then proceed to a jury trial. Here your advantage in having an experienced local slip and fall lawyer cannot be overstated. He or she can not only aggressively represent you, presenting the most persuasive case to the jury, but also, if necessary, procure the expert witnesses you may need to fully explain your injuries and their consequences to the judge and jury in laymen’s terms.
Choose Your Lawyer Wisely
Given all of the above, you can see that your wise choice of lawyer can make all the difference in the amount of compensation you receive for your slip and fall injuries. Jason Stone Injury Lawyers stands ready, willing and able to be your slip and fall law firm of choice.
We are local, experienced attorneys who have been helping the good people of Massachusetts and New England for nearly 20 years get the compensation they need and deserve after sustaining injuries in an accident. Our long record of successful settlements and jury awards has, to date, resulted in our injured clients receiving over $60 million in compensation, including recent slip and fall amounts of:
We also give you our Stone Cold Guarantee, our collection of promises to you that include:
- We respond to your initial call within 24 hours or treat you to a free lunch, compliments of Jason.
- We give you updates on the status of your case every two weeks.
- Our representative is available 24/7 to answer your questions.
- We give you the option of settling or going to trial within six months of the insurance company’s initial settlement offer.
- We get paid only after you get paid.
Contact Jason Stone Injury Lawyers today. We charge no upfront fees.