Massachusetts Personal Injury and Workers' Compensation Law BlogThere are a number of factors that come into play when an attorney
decides whether or not to take on a personal injury case for a client.
Here are some, but not all, of those factors:
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Is Your Slip and Fall Case Worth Pursuing?
Articles Tagged with Boston slip and fall attorney
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Have You or Someone You Know Been Injured in a Slip and Fall Accident?
With all of the recent snowfall we have had here in Massachusetts the past few weeks, conditions outside have been extremely dangerous. With such an inclement weather brings a marked rise in slip and fall and trip and fall accidents. Such accidents often cause very serious injuries.
If you, a loved one, or a friend, has experienced this misfortune, I invite you to call 617 338 7400 for a completely free, no obligation consultation. Please note this blog, as well as my Slip and Fall Blog, is rife with information pertaining to all things related to Massachusetts slip and fall cases. I look forward to potentially helping with you case.
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What To Do Following A Slip And Fall Accident
What To Do Following A Slip And Fall Accident
Unfortunately, slip and fall accidents happen much too frequently. Doing the right things after a slip and fall or trip and fall are very important in order to protect your legal rights. Should you have the misfortune of being involved in such an accident, keep the following in mind after a slip and fall accident:
1) If possible, photograph the scene of the accident (or have someone else do it as soon as possible if you are unable to do it yourself);
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Deposition Tips For Massachusetts Slip And Fall Victims
Deposition Tips For Massachusetts Slip And Fall Victims
No one wants to be involved in a slip and fall accident. These accidents can cause very serious injuries, including broken bones and other painful injuries. If your slip and fall claim does not settle then a lawsuit will need to be filed. If you have an upcoming deposition, here are some basic deposition guidelines to consider if you are a plaintiff in a personal injury case:
1) Know the date, day of the week, time, and location of the accident;
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Massachusetts Slips and Falls and Intoxication
Oftentimes slip and falls are caused by inebriation. Does that mean the injury victim does not have a case? No.
Generally, if the injury victim is deemed less negligent than the company or person responsible for the accident, then she or she can pursue a claim. So who determines who is at fault, and whether the injury victim or property owner is more to blame for the accident? A jury does.
Intoxication therefore is not a bar to recovery. But, intoxication will bar any recovery when the injury victim is greater than 50% responsible for the accident.
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Massachusetts Slips and Falls and Intoxication
Oftentimes slip and falls are caused by inebriation. Does that mean the injury victim does not have a case? No.
Generally, if the injury victim is deemed less negligent than the company or person responsible for the accident, then she or she can pursue a claim. So who determines who is at fault, and whether the injury victim or property owner is more to blame for the accident? A jury does.
Intoxication therefore is not a bar to recovery. But, intoxication will bar any recovery when the injury victim is greater than 50% responsible for the accident.
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“I was injured in a slip and fall accident 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 slip and fall 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.
With contingency fee cases, your attorney is required by the Massachusetts Rules of Professional Conduct to provide you with a copy of the signed, contingency fee agreement. This is the agreement that formalizes the attorney/client relationship. If your attorney does not provide you with a copy of the fee agreement, ask him/her for a copy of same.
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Someone Injured Me But I Can’t Afford To Hire An Attorney!
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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Slips and Falls by Tenants on Exterior Staircases
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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Sobering Information for Plaintiffs Thinking About Going to Trial
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: