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Understanding the Legal Process of Filing a Slip and Fall Lawsuit

Understanding the Legal Process of Filing a Slip and Fall LawsuitPhoto from Unsplash

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Filing a slip and fall lawsuit can be a long process, so it’s best to understand it before starting.

Here is all the information you need!According to the National Safety Council (NSC), more than 210,000 people are injured badly enough from falls each year to require time off work. Were you recently hurt in a slip-and-fall accident at the workplace?

If so, then you may be able to file a claim against the at-fault party for the damages you’ve suffered. While nothing can take away the pain you’ve experienced, this can help alleviate your financial burden as you heal, recover, and get back on your feet.

As you move forward, it’s important to take the right steps. Today, we’re sharing how a slip and fall lawsuit works and how an experienced attorney can help you navigate this process.

Step 1: Seek Medical Attention

If you suffer any form of workplace injury, including a slip or fall, the first thing you should do is seek medical attention. This is an important step, even if your injuries seem minor or even non-existent. Some soft-tissue injuries can take a few days to show up, and you don’t want to wait.

In addition to receiving professional care, another reason why it’s smart to see a doctor is that it formally documents your injuries. These reports, including physician notes, imaging scans, and other records, will be an important part of the legal process.

It can look suspicious if you delay medical attention for too long, or if there are lapses in your care. In most cases, it’s easier for victims to reach a settlement if they’ve completed their medical treatments fully and in accordance with their doctor’s instructions.

Step 2: Hire a Lawyer

Once you’ve visited a doctor to take care of your injuries, the next step in filing a slip and fall claim is to hire a lawyer. There will be many parts to this process, and an experienced accident lawyer will know how to handle them all. In Massachusetts, victims of a slip and fall injury have three years from the date of their accident to file a claim.

If you wait until after this statute of limitations has expired, then the court can refuse to hear your case, which prevents you from seeking any compensation. Your lawyer will understand these timelines, as well as the protocols required to complete everything by the deadline.

If you’ve been injured in a slip and fall accident in Massachusetts, our slip and fall lawyers are here to help! We’ll work diligently to understand why the accident occurred and ensure the correct parties are held liable. Immediately following your accident, we’ll begin looking for ways to maximize your financial compensation.

During this time, some of the steps we will perform include:

  • Investigating your slip and fall accident
  • Collaborating with experts to prove negligence
  • Calculating the full extent of your past, current, and future damages
  • Filing claims with the appropriate insurance companies
  • Preparing your case for trial

Your lawyer can also help you collect and preserve critical evidence related to your case. Before you begin making any decisions or speaking to any insurance companies, hire one to represent you moving forward.

Step 3: Complete the Accident Report

For your case to have validity in court, you’ll need an official accident report that details exactly what happened. As soon as possible after your slip or fall, make sure your supervisor is aware of what happened. Most workplaces have policies and protocols that employers must follow when an accident like this occurs.

This will include the creation of an accident report, which you will be required to sign. At the minimum, this report should include the following details:

  • The time the accident occurred
  • The location of the accident
  • Any known injuries that you suffered as a result of the accident

If there are photos or videos that support your accident claim, they should be included in the report. This includes evidence of dangerous or hazardous conditions, such as a wet floor or an uneven platform. In addition, photographs of your injuries can also serve as evidence in your slip and fall claim.

Step 4: Gather Evidence and Prove Fault

Another critical step in the legal process will be gathering evidence to prove what caused your accident and who is at fault. In addition to your accident report, other resources that your lawyer will review include:

  • Witness statements
  • Surveillance camera footage
  • Supporting photos showing hazardous conditions
  • Medical records associated with your visits, treatments, or therapies
  • Proof of financial burden, including lost wages and future medical care

This evidence will help your lawyer create an accurate picture of what happened directly before, during, and after your accident. If there’s any question about negligence, they may hire engineers or medical experts to explain how the at-fault party’s actions resulted in your injuries.

Step 5: File a Claim or Open a Lawsuit

Once everything is in place, your lawyer will advise you on whether you should file an insurance claim or take your slip and fall lawsuit to court. If you have sufficient evidence to prove that a party was at fault, then you may be able to settle outside of court.

Having a lawyer by your side is paramount. These steps can be complicated and complex, filled with legal jargon and red tape. An attorney can help guide you through every step so you can be confident you’re making the right decisions.

Seek Help With a Slip and Fall Lawsuit

If you’ve been injured by a slip or fall at work, you deserve time to heal from your injuries. You shouldn’t have to worry about proving fault, gathering evidence, or assembling a timeline of events. This is where your slip and fall lawyer comes in.

For the past 30 years, the Law Offices of Gerald J. Noonan have helped clients seek justice for their personal injuries, including slip and fall accidents. We know how to get you the settlement you deserve.

If you’re thinking about pursuing a slip and fall lawsuit, let’s talk. Contact us for a free case evaluation!

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