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Do I Have to File a Lawsuit to Get Paid After a Slip and Fall Accident?

Lawsuits help people seek financial compensation for the physical, psychological, and noneconomic damages accompanying preventable accidents. In some cases, these official proceedings are essential. In other instances, suing someone is the inferior choice.

How do you know whether a lawsuit is the right move for you? At Kiley Law Group, we understand your feelings and want to answer your questions. Therefore, we have prepared some information to help you decide the best way to recover your losses.

Please examine the guide on this page to learn about your legal options. When you are ready for a personalized review of your slip and fall case, call (888) 435-1321 to speak to one of our knowledgeable representatives.

Why Some Accident Victims Are Reluctant to Sue?

Every week, fall-related injuries send 900 older adults to Massachusetts emergency rooms. In 2020, falls, trips, and slips accounted for one-third of construction industry fatalities. It is no secret that this particular type of accident is dangerous, even potentially deadly.

Frequently, fall-related physical injuries include:

  • Wrist, ankle, and hip fractures
  • Ruptured blood vessels (bruises and contusions)
  • Head injuries like concussions and blood clots
  • Abrasions
  • Scars

Besides these physical injuries, victims might experience stress related to accident-related disabilities. Some face the anxiety of missing work or losing their jobs. In time, symptoms of emotional and mental disorders can emerge.

Under such troubling circumstances, those injured in slip-and-fall accidents might crave relief from their worries. Yet, they hesitate to pursue justice through the legal system. Why?

Fear of the unknown

Most people dread the thought of appearing in court. All they know of the legal process might come from television and films, many of which do not paint a pretty picture.

Filing a lawsuit without suitable legal counsel can indeed be a nightmare. You could make mistakes that would prevent you from collecting the financial compensation you deserve.

The fearless lawyers of Kiley Law Group use Massachusetts law as a powerful tool to achieve remarkable outcomes. Since our start over 40 years ago, we have won more than $1 billion for our clients. Why not take advantage of our knowledge and experience?

Personal relationships with liable party

Suppose you fell at a friend’s home. Would a lawsuit ruin your relationship? Will pursuing workers’ compensation benefits or civil damages jeopardize your employment prospects if you fall on a job site?

Concerns like these are natural. At the same time, your injuries cost you thousands of dollars in medical bills and lost work opportunities. If you don’t seek financial compensation, you will be saddled with debt for years.

You can assure your friend that lawsuits are not a personal attack. Insurance companies supply the funds for most slip-and-fall accident settlements. Suing for your due compensation is a necessary formality to ensure that your acquaintance’s insurers cover their client’s liability.

Lack of time or money

Two common misconceptions about lawsuits are that they are expensive and take a long time to settle. At our law firm, we consistently address both of these issues to create a better experience for our clients.

Why do some lawsuits take so much time? Insurance companies are responsible for some of the delays. Months could go by as they try to hinder or deny your payments, all in the interest of minimizing the amount they have to spend fulfilling claims.

Our attorneys know their tricks. As a consumer, you have rights, and the insurance company has to abide by state regulations.

Not only do we champion your interests, but we also defend your rights. Our law firm can help you avoid unreasonable delays. You might even be entitled to additional interest fees and penalties if insurers are caught breaking the law.

The sooner you start your case, the stronger your chances of success. To relieve your financial burden in the meantime, we make sure you owe nothing unless we win your case.

What Filing a Lawsuit Involves?

If a lawsuit is necessary, our legal team generally follows these steps:

  1. We file a detailed complaint that describes your injuries and damages. This document shows how the defendant caused (or was responsible for) harm and requests the court to order financial compensation for your losses.
  2. Both parties gather evidence to support their side of the story. This part of the process is called discovery.
  3. Lawyers for each side present evidence to a judge or jury during a trial.
  4. The judge or jury considers the facts and decides on the case’s verdict or outcome.
  5. If either party disagrees with the verdict, they can attempt to appeal the decision. This optional step usually occurs because of an error or misapplication of the law.

Kiley Law Group prioritizes your convenience and welfare. We handle the stressful details of lawsuits so you can focus on your health and recovery.

Lawsuits do not automatically follow slip-and-fall accidents. In the next section, you will discover other options our attorneys use to resolve conflicts.

Understand Your Alternatives in Massachusetts

The seasoned attorneys on our team are skilled at communication and negotiation. Often, they use effective strategies to win compensation without filing lawsuits or taking cases to court.


In arbitration, both parties agree to allow a neutral third party to serve as an arbitrator. This unbiased moderator listens to the arguments presented by both sides. Then, he or she issues a binding decision.

In general, once the arbitrator makes a determination about a slip and fall case, the losing party cannot appeal it in court.


Mediation is similar to arbitration in the sense that it involves a neutral third party. One difference is that the mediator meets privately with each side to hear their arguments. Next, he or she helps each party identify the pros and cons of their case.

Once the mediator has explained how the risks could impact their goals, each side can decide whether to pursue the matter in court. Mediators might suggest solutions, but they have no authority to force the parties to enact them.


The defendant can offer a settlement early in the proceedings, thus saving time in arbitration, mediation, or court. However, a settlement can occur anytime before a binding decision is made.

A settlement is often similar to a compromise. For instance, a defendant might ask a claimant to dismiss litigation voluntarily in exchange for compensation. Most agreements, except class-action cases, include a confidentiality clause.

These out-of-court alternatives can be advantageous for several reasons:

  • Reduced costs: Massachusetts court procedures incur fees that vary depending on where you file. Costs might cover recordings, transcripts, copies of court documents, subpoenas, and depositions.
  • Faster outcomes: Arbitration and other alternatives are often quicker than trials since a court schedule does not restrain them.
  • Confidentiality: Generally, arbitrations do not appear in the public record, though the award is published in certain situations.

Sometimes, swift resolution of your case occurs soon after you hire an attorney without any of the above proceedings. Like bullies, some insurance companies try to take advantage of those who seem alone or vulnerable. When they encounter our well-equipped law professionals, they quickly drop their underhanded techniques.

Which of these methods applies to your claim? Since every case is different, we need to hear your story before informing you of your options. Request your free case evaluation by clicking the live chat icon below or calling (888) 435-1321.

Your Time to File Is Limited

Whether you decide to file a lawsuit or settle matters in another way, the law restricts how long you have to act.

You can opt to withdraw a lawsuit later. Yet, if you miss the deadline to file, you are, in essence, forfeiting your chance to recover compensation forever. You would be saying goodbye to:

  • Reimbursed medical expenses
  • Lost wages
  • Funds to cover therapy or household services
  • Monetary awards for pain, suffering, and loss of life enjoyment
  • Survivor benefits when taking legal action for a deceased loved one

Massachusetts personal injury and premises liability claims generally must be filed within 3 years of the date of the injury. Three years is short, though, when you consider how much time it takes to build a strong case.

Contact Kiley Law Group Without Obligation

When most people think of lawsuits, they think of tedious, costly trials involving courtrooms and judges. At our firm, we have the skill and knowledge to represent you in court when necessary. However, lawsuits are only one of the tools we use to demand justice for slip and fall accidents.

Each case is different, but you can be assured that Kiley Law Group will pursue the option that suits you best. You can learn all the facts you need to make an informed choice today.

Will you let us make your future our priority? We welcome your calls 24 hours a day at (888) 435-1321. If your injuries or life circumstances make it hard for you to travel, our team members are willing to come to you.