A slip and fall is an accident where someone slips or trips and falls on a property they do not own or control. The causes behind slip and falls commonly include wet, broken, uneven, or unstable flooring. These accidents can sometimes cause severe injuries, such as spinal cord or brain damage, which can be permanent.
Due to the potential cost of their injuries, slip and fall victims in Rehoboth have the right to seek compensation from the property owner. Many statutes are relevant to your situation, so you could consider having a Rehoboth slip and fall lawyer from GED Lawyers help you further understand them. Here are some ways the attorney can assist with your situation.
Liability in Rehoboth Slip and Fall Accidents
Rehoboth property owners are generally responsible for ensuring their premises are reasonably safe for licensees and invitees. In premises liability law, licensees are social guests, such as family and friends who visit for social gatherings. An invitee refers to visitors with the owner’s consent to be on the property. For example, a customer entering a store during open hours would be an invitee.
Failure to maintain the safety of the home or business establishment could make the property owner liable for a slip and fall on their premises.
However, there are instances where someone else besides the property owner is liable for your slip and fall. For example, if a retail store was renting a commercial space, that shop would be responsible for your safety inside their establishment, not the commercial space owner.
However, Massachusetts does limit the Rehoboth property owner’s liability depending on the circumstances surrounding the slip and fall accident. For instance, they would not be at fault for the visitor’s injuries if:
- The visitor was intoxicated by alcohol or drugs
- The visitor was about to commit a crime or had already attempted one while on the premises
- The visitor was trespassing
Your Rehoboth slip and fall lawyer can help you collect evidence of the property owner or tenant’s liability for your injuries, such as video surveillance footage and witness testimonies. They can also assist with gathering proof of your injuries, including medical records.
For a free legal consultation with a slip and fall lawyer serving Rehoboth, call (561) 995-1966
Your Slip and Fall Damages
Your slip and fall lawyer can also provide a rough estimate of your total damages to determine how much you could potentially recover. Like other injury actions, you can generally recover two types of damages in a slip and fall settlement:
Economic Damages Pay for Your Expenses
These damages repay you for the costs accrued due to your slip and fall injuries, such as:
- Medical treatments
- Rehabilitation and therapy
- Lost income (if your condition keeps you from working or managing your business)
Calculating economic damages involves compiling your expenses, including hospital bills and medication receipts.
Non-economic Damages Compensate for Pain and Suffering
Calculating your economic damages first is vital in helping your slip and fall lawyer estimate your non-economic damages. These aim to pay you back for the pain and suffering the slip and fall caused, such as chronic pain, trauma, and disabilities.
Keep in mind that slip and fall accidents in Massachusetts are subject to comparative negligence rule in a court of law. This rule determines how much compensation you can receive from the property owner if your negligence contributed to the slip and fall accident.
The law states that damages awarded to the plaintiff is reduced according to their percentage of fault. That means if the total awarded damages is $100,000, but you are 30 percent responsible for the accident, the property owner is only responsible for $70,000 (total damages of $100,000 minus your 30 percent share of fault).
Furthermore, if you are 51 percent or more at fault, you cannot recover damages.
Rehoboth Slip and Fall Lawyer Near Me (561) 995-1966
Filing a Slip and Fall Injury Claim
While Massachusetts does not require business liability insurance, the Rehoboth property owner or tenant may carry this coverage to protect them during slip and fall accidents like yours. Liability insurance helps shoulder your injury-related expenses.
If you had the slip and fall on someone’s residential property, you could file the claim with their homeowners insurance provider. Homeowners insurance policies typically include liability coverage as well.
Besides gathering evidence and estimating your damages, your slip and fall lawyer can assist with filing your claim with the insurance provider. If you do not accept the initial offers, the attorney can also help negotiate for a more agreeable amount.
When Is a Slip and Fall Lawsuit Advisable?
Your slip and fall lawyer can suggest filing a civil lawsuit if the liable side does not have enough liability coverage to compensate you fully. It is also possible they are uninsured.
In a slip and fall case, the civil court, not the claims adjuster, will decide the amount you can recover after they review all available proof and statements. It can take several court proceedings for the slip and fall case to conclude, but your slip and fall lawyer can represent you throughout the entire litigation procedure.
You Must File Your Case on Time
Under Massachusetts General Laws Chapter 260 section 2A, you have up to three years to file Rehoboth slip and fall cases. While it may seem like you have ample time to work on your lawsuit, starting sooner than later is still the smarter choice to avoid missing the deadline. If you miss your deadline, the case submission will automatically be rejected, barring you from recovery.
Your slip and fall lawyer can help track your progress and search for applicable tolling exceptions, which can move the deadline.
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Speak with Our Rehoboth Slip and Fall Lawyer
If you want to recover damages from your slip and fall accident in Rehoboth, GED Lawyers is here for you. Our injury attorneys have handled similar cases throughout Massachusetts since 1995. With years of accumulated legal knowledge and experience, we are always prepared to guide and represent you throughout your Bristol County claim or case.
You can call for your free consultation or message us online here. We are available 24/7, so feel free to get in touch anytime. Also, take a look at our case results to see what we’ve accomplished for previous clients.