A slip and fall case is when someone is injured on another party’s property due to the negligence of the landowner or manager. For example, if someone slips on ice on the floor of a grocery store and injures themselves. In this case, the store manager has a duty to maintain a safe premises for customers of their store.
If you were injured in a slip and fall accident, you may be entitled to compensation. Reach out to a seasoned lawyer who has experience in slip and fall cases in Boston. An accomplished slip and fall lawyer could fight for your right to recover damages.
If someone is injured due to a slip, trip, or fall, they should seek medical care right away. The injured individual should then contact a lawyer. An attorney could put the at-fault party on notice of a claim being made, usually via a certified letter. This letter will state that all further contact should be directly with the lawyer and not the claimant, as well as state that the insurance company should contact the claimant’s lawyer as soon as possible.
At this point, the insurance company will take over negotiations with the lawyer. After the injured person completes their medical treatment, their lawyer will put together a demand package that includes medical bills and records and a letter explaining what the injuries were and how they were related to the slip and fall accident. The insurance company will likely respond with a settlement offer which a claimant can choose whether or not to accept it. If the settlement offer is not enough, the claimant and their lawyer could file a lawsuit and take the case to trial.
The five parties involved in slip and fall cases in Boston are usually the plaintiff, the plaintiff’s lawyer, the business owner or landlord, their lawyer, and their insurance company.
In Boston slip and fall cases, the plaintiff has to prove that the business owner or landlord acted negligently and that negligence led to their injuries. It is the lawyer’s job to use their legal skills to make an argument that the business owner or landlord breached their duty of care.
An attorney will try to establish liability by investigating the circumstances of the accident and collecting evidence. Common evidence seen in these cases includes pictures of the scene of the accident, witness testimony, and video from a surveillance camera.
There are two types of causation in a negligence case, and the plaintiff’s attorney has to prove that the defendant owes the plaintiff a duty and that the duty was breached. A landlord, business owner, or any defendant in a slip and fall has to keep premises open to the public, so they must keep it free of any dangerous condition. That duty is breached when a dangerous condition exists that could injure someone.
A lawyer knowledgeable about slip and fall cases in Boston will approach the case by first writing a letter to the at-fault party to put them on notice that a claim is being made against them. The attorney will then address any issues of liability at the beginning so that the case can go smoothly from start to finish. After the injured person finishes treatment, an experienced lawyer will get the medical bills and records quickly and either settle the case or file a lawsuit, whichever option is the better move for the claimant.