Articles Tagged with Boston slip and fall attorney

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Someone Injured Me But I Can’t Afford To Hire An Attorney!

Not to worry.  One of the hallmarks of personal injury law is that the injury victim does not get billed an hourly rate.  Rather, the legal fee is a percentage of the gross amount recovered for the client.

Nearly all Massachusetts personal injury lawyers – as well as personal injury lawyers in other states –  take motor vehicle accident cases on a contingency fee basis.  What that means is that your attorney will take 33 1/3% (or possibly more if your case goes into suit) of any settlement or judgment amount as his/her legal fee at the conclusion of the case.  If your attorney advances any costs in prosecuting your claim, it is you that is ultimately responsible for any such costs.  Massachusetts workers’ compensation cases are also handled by contingency basis, and the amounts are set by law.

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Slip and falls that occur on ice or snow in Massachusetts are very difficult to prevail upon. The injury victim must show that the owner or controller of the premises failed to reasonably remove snow and ice, in order for the case to be a case worth pursuing. For our purposes here, let us concentrate on slips and falls on ice and snow that occur in the landlord/tenant context.

The landlord/tenant statutes that are in place in Massachusetts generally favor tenants in that landlords are held to high standards of conduct. In the context of slips and falls on ice and snow, landlords are held to a very high duty to keep exterior stairways free of ice and snow.

If the tenant can show that the landlord failed, in violation of the relevant provisions of the Sanitary Code, or in some other way, to keep an exterior stairway free of ice and snow, the tenant may have a valid claim, assuming, of course, that certain legal elements are satisfied.

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ere is an article from Massachusetts Lawyers Weekly about how the vast majority of personal injury plaintiffs are losing at trial in Massachusetts.  Keep in mind the old adage, "the good cases settle, and the bad cases go to trial" while you read the article.  Here is the article:

Odds against tort plaintiffs in Massachusetts

Success at trial poor, especially in suburbs

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With the recent changes to Massachusetts snow and ice law, those who have the bad fortune of injuring themselves on snow and ice will have a easier time proving negligence.
If you, or someone you know, has been injured in a slip and fall accident in Boston, or anywhere in Massachusetts, our office may be able to help. Give us a call or send us an email and tell us about your case.

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Boston Work Injury Lawyer

As a Boston work injury lawyer, I get asked this question very often. The answer is, it depends.  If you fell at work in Massachusetts, you cannot sue your employer.  But, you can make a claim for Massachusetts workers compensation benefits with your employer’s insurance company.  A claim is not of course the same thing as a lawsuit.

However, if your slip and fall accident was caused by the negligence of someone other than your employer, than you may be able to sue that third-party for your injuries.  In example would be a delivery driver injured on the steps of a home he is delivering a product to, or a cook who slips and falls on a wet and slippery floor that was caused by an outside cleaning company.  You get the picture.

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Generally in Massachusetts, if you slip and fall at a retail store, the store will refuse to give to you a copy of the incident report.  The insurance adjuster assigned to your claim will also refuse to give to you a copy, even if you have an attorney working the case for you.

Usually, the only way to get your hands on the report is for your attorney to file a lawsuit against the store.  During the discovery phase of the litigation is when the incident report will be forked over by the attorneys representing the store.

Therefore, if you are having trouble getting your hands on the accident report, do not be surprised if the store refuses to give it you, prior to litigation.  Finally, if you are hurt at a retail store, make sure to report your accident to store personnel immediately.  That is very important!

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