Slip, Trip, and Fall Accidents: The Critical First Steps.

If you have suffered a slip, trip or fall injury on another’s property, you may be entitled to substantial compensatory damages.  You are, therefore, strongly encouraged to seek help from our expert team of personal injury lawyers at the Law Offices of Gilbert R. Hoy Jr. and Affiliates.  We will work tirelessly to make sure that you are made whole again.  Your needs are our top priority!

When you imagine a place that a negligence injury might take place, your first thoughts might involve a construction site or some other dangerous work environment.  While your instincts may indeed point to a particular facet of personal injury law, that line of thinking excludes another very common type of personal injury accident, namely slips and falls.

The distinctive quality in slip and fall accidents is that they can happen literally anywhere.  From grocery stores, to hotels and casinos, to your own doorstep, slip and fall accidents frequently cause serious, long-lasting injuries.  Below are the critical first steps to take in pursuing a slip and fall accident claim.

1.      Seek professional medical attention.

If you have suffered injuries from a slip, trip, or fall on someone else’s property, you should seek medical attention immediately.  Your health and well-being are by far the most important concerns you should have.  Some slip and fall injuries may not be apparent until days after the incident.  It is, therefore, critical to see your primary care physician as soon as possible so that your injuries can be well documented.  When you speak with your doctor, be sure to describe the pain you are feeling, as well as the circumstances in which you suffered your injury.

2.      Take pictures, if possible, of the area in which you suffered your slip and fall injury.

In many slip and fall accidents, the fault can be laid squarely at the feet of the property owner.  Massachusetts has developed premises liability law, which recognizes a duty on the part of a property owner to maintain a safe environment for patrons, guests and other invitees.  A breach of that duty is measured by an objective standard of reasonableness, and is assessed by an evaluation of the circumstances under which you suffered injuries.  In other words, what would a reasonable person have done to make their property safe under the circumstances?  Taking photos is a very good way to capture the details surrounding your injury, and may help to prove that the landowner failed to protect you from a danger or hazard.   It is crucial to photograph the scene of the accident and the surrounding area before the hazardous condition is removed or remedied.

3.      Retain a reputable Massachusetts personal injury attorney.

Determining the value of a slip, trip and fall injury claim is very difficult, particularly at the beginning of medical treatment or just after the accident happens. One of the major obstacles in these circumstances is that insurance companies often dispute the extent to which their insured was responsible for your slip and fall injuries.

Another critical factor that affects the monetary value of a slip and fall accident case is the amount of available insurance coverage or assets to satisfy any potential judgment or settlement amount. It is possible for the worth of your case to exceed the amount of available insurance coverage or the available assets to pay for your slip and fall damages.  Even if there is a limited amount of coverage, or no amount of available insurance coverage or assets, it is crucial that you contact an expert slip and fall lawyer as soon as possible. Oftentimes, there are ways to locate additional coverage for your Massachusetts slip and fall injury claim, either through the state or another separate entity.

There is also a statute of limitation in Massachusetts that bars plaintiffs from bringing slip and fall lawsuits after a certain period of time has elapsed.  If you have suffered a slip and fall injury, do not wait for this deadline to pass!

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