Trip and Fall Accidents
Know Your Rights to Get the Best Recovery Possible
Experiencing a trip and fall can result in significant injuries. When bringing a claim for bodily injuries related to a trip and fall in Massachusetts, one of the main issues is what property owner or occupier is responsible and what condition caused the trip and fall. To prove a claim for damages from a trip and fall accident, the injured person must prove:
There was a dangerous condition that caused the trip and fall;
The dangerous condition was the responsibility of another person or business;
The responsible person or business either knew or should have known about the dangerous condition;
The responsible person or business had an opportunity to correct or warn of the dangerous condition prior to the fall; &
The trip and fall caused injuries.
Massachusetts comparative fault rules also apply to trip and fall claims.
The statute of limitations for trip and fall accidents in Massachusetts is three years from the date of the injury. G.L. c. 260, s. 2A.
There are special rules that apply to claims against a city, town, or other public entity related to trip and falls on public property such as sidewalks and roads. These are called "defects in a public way" claims and are governed by statute G.L. c. 84, s. 15-18. Most critically, a specific form of notice must be given to the responsible public entity within 30 days of the fall. Damages for people injured as a result of defects in a public way claims are capped at $5,000.00.
If you have been injured as the result of a trip and fall, there are several important steps you can take to improve your chances of getting the best recovery possible:
Get the medical treatment you need for your injuries. Your health cannot be replaced. Do not delay. Go to the hospital or your doctor immediately if you are experiencing any injuries from a trip and fall accident.
Preserve all evidence of the incident, including getting witness names and contact information and photographs of your injuries and the condition that caused your fall.
Call a lawyer! Insurance companies are stacked with professionals whose goal is to minimize the payments they need to make to you. Speak to a professional today to make sure you also have an expert on your side. Hiring a lawyer to fight for you at no out-of-pocket cost is the smartest move you can make.
With over a decade of experience representing clients injured in Massachusetts trip and fall accidents, the professionals at the Law Offices of Samuel A. Segal know what it takes to get you the best recovery possible.
The time to file your claim is limited, so reach out to us today for your Free Consultation.
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