Being concerned with your safety and health is crucial, but a slip-and-fall accident can jeopardize your enjoyment of life. You might miss work during your recovery or even lose your ability to do your job. In time, financial pressure can begin to build, affecting your healing and psychological well-being.
Lawyers help victims recover life-changing compensation for slip-and-fall accidents. Yet, you might wonder if outside assistance is necessary.
At Kiley Law Group, we believe knowledge is power. We can help you to understand your rights, arming you to make the best decision about your claim.
Once you consider the valuable information below, we invite you to call (888) 988-5361 to find out whether you have a case. Within 2 hours, you will know if you qualify to file a claim; best of all, finding out is free.
Questions to Ask About Slip-and-Falls
According to the National Safety Council (NSC), falls are 100-percent preventable. Yet, in 2020, over 40,000 people died from falls at home or work. One of the leading causes of death could be avoided with the appropriate preventive measures.
Let’s consider the work environment, for instance. A business owner is responsible for creating safe conditions for employees.
Our experienced lawyers consider the following questions to determine whether an owner neglected a vital duty:
- Were workers adequately trained to fulfill their responsibilities and operate tools and machinery?
- Was safety equipment (e.g. harnesses, anchors, slip-resistant shoes) provided for employees?
- Did the managers arrange for periodic safety checks?
- Was equipment set up on level ground? Was it in good repair?
- Did stepladders have a locking device?
- Are spills and tripping hazards reported and cleared immediately?
- Do the stairs have handrails?
- How are the lighting and flooring?
In slip-and-fall accidents, the “when, where, and how” matters. To an inexperienced eye, uneven walking surfaces or uncovered cables might not catch much attention. However, a personal injury lawyer can investigate the circumstances of the fall and identify its cause.
Establishing Slip and Fall Liability in Massachusetts
Massachusetts law requires the liable party to compensate for losses. An accident victim might find it difficult or impossible to collect damages without legal counsel in situations like those discussed below.
When no one admits fault
Have you ever been in a minor car accident? Perhaps no one was hurt and the property damage was negligible. The at-fault party might offer to resolve the issue personally or report the claim to his or her insurance company.
In over 40 years of representing accident victims, we realized that few liable parties admit fault and pay fair compensation for damages. This lack of accountability makes it difficult to settle matters on your own.
To prove fault, slip and fall attorneys:
- Obtain emergency and police reports
- Review camera footage
- Examine the safety record of the premises
- Interview witnesses
- Collect evidence
If someone denies fault in your accident, we are ready to help. Click the live chat icon at the bottom of your screen. Our representatives can schedule your free case consultation.
When insurers try to minimize payouts
Once attorneys establish liability, insurance companies might try another tactic. To protect profits, they start looking for ways to reduce the amount of your settlement. If they can, they reject claims and avoid paying anything.
Unfortunate accident victims have lost out by:
- Accepting lowball offers: If something looks too good to be true, it probably is. Insurers count on the fact that most claimants do not know what their claims are worth. You might only realize you got less than you deserve once you have already signed your rights away.
- Saying something that invalidates their claim: No matter how friendly an insurance representative seems, you cannot assume he or she is on your team. If insurers can make you seem partially responsible (even if you are not), they could exploit your slip of the tongue.
- Giving up too early: If an insurance company is unjustifiably delaying, you might be tempted to give up on your due compensation. Delays can be intentional. However, an experienced attorney can use insurance deadlines set by Massachusetts law to ensure these companies play fair.
- Making innocent errors or missing deadlines: Submitting documents and filling out forms are tedious activities, but they are essential to the claims process. Insurers can delay or deny your claim if you make a mistake or turn in a critical item too late.
Since you can get legal advice for free during your first consultation, why not make an appointment with us today?
When you slip and fall at work
In the Commonwealth of Massachusetts, workers’ compensation insurance covers almost all employees. You can also qualify for vocational rehabilitation to facilitate your transition back to work.
Various insurers throughout the state pay for workers’ compensation benefits, including
- Temporary total incapacity: 60 percent of your gross average weekly wage (up to the state maximum) based on the 52 work weeks before your injury for up to 156 weeks
- Temporary partial incapacity: 60 percent of your gross average weekly wage (up to the state maximum) for 260 weeks
- Permanent and total incapacity: 66 percent of your gross average weekly wage (limited by state minimum and maximum amounts) and consideration for annual Cost-Of-Living Adjustments (COLA) for as long as your disability persists
- Medical: Treatment and reimbursement for prescriptions and injury-related travel as long as services are reasonable and necessary
- Scarring and permanent loss of function and disfigurement: One-time payment based on the location and severity of your condition
- Survivors’ and dependents’ benefits and burial costs: Weekly benefits equaling 66 percent of the deceased worker’s average weekly wage for surviving spouses as long as they remain unmarried, burial costs, cash benefits for qualifying children or dependants
Occasionally, insurance companies reject on-the-job injury claims. An attorney can help you file an appeal with the Department of Industrial Accidents, the organization that oversees compensation in Massachusetts.
When you accept workers’ compensation benefits, you generally cannot sue your employer for the accident. Exceptions apply, such as if your employer intentionally hurt you. Our insightful legal team can investigate your eligibility for additional damages. For example, if OSHA charges the company you work with a violation, you might be eligible for more compensation.
If workers’ compensation insurance does not cover your employer, it’s possible that a lawyer can help you file a third-party claim to get you some money.
When you are suing the wrong party
Sometimes accident victims put the blame in the wrong place. Suppose you file a claim against a business manager for failing to clear the snow in front of the door, but the store’s rental contract states that snow removal is the building owner’s responsibility.
Slip and fall cases have a reputation for complexity. Unfortunately, pursuing the wrong defendant is a waste of time and money.
Our clients appreciate that we can help them to identify who is responsible for their accidents. Some are surprised to discover multiple parties share fault.
Maximizing Your Slip and Fall Compensation
Getting an insurance company to pay you all the money you deserve for your claim will likely demand professional expertise.
Hiring a lawyer is like leveling the playing ground. Kiley Law Group endeavors to make our services invaluable for our clients. For instance, at our law firm, we offer the following:
- Free, personalized consultations: Find out what your case is worth without obligation
- Fast answers: We will let you know if you have a valid claim in 2 hours
- Convenient service: We are willing to come to you if your work schedule or health makes it difficult to visit our offices
- A no-fee guarantee: You pay only if you win your case
During your consultation, we can explain your rights. Knowing your legal options will help you to make sound decisions regarding your slip and fall claim.
When you hire us, we will aggressively demand significant compensation for your injuries, namely:
- Medical bills
- Anticipated future care
- Lost wages
- Disability benefits
- Pain and suffering
Close family members can pursue these benefits on behalf of a deceased family member. For more information about making a claim, call (888) 988-5361 at your earliest convenience.
Secure Your Future With a Strong Case
In Massachusetts, you can represent yourself in most law courts. However, there is no favoritism for parties handling their cases without professional legal counsel.
You will be “held to the same standard, and bound by the same rules, as are attorneys,” as spelled out by state law. As a self-represented party, you will have 3 years from the day of your accident to file a legal claim. Though this might seem like a long time, time flies when you try to juggle your legal matters and get your life back on track.
We believe you can accomplish this. Our experienced lawyers at Kiley Law Group of Massachusetts have the knowledge and resources to pursue an excellent outcome for your slip-and-fall case.
If you want a trusted firm on your side for this tough battle, call us at (888) 435-1321. One call can make a difference, so reach out without delay.