Published on: January 17, 2013

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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Published on: September 22, 2012

Deposition Tips For Massachusetts Slip And Fall Victims

By Christopher Earley

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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Published on: August 20, 2012

Massachusetts Slips and Falls and Intoxication

By Christopher Earley

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.

Published on: August 20, 2012

Massachusetts Slips and Falls and Intoxication

By Christopher Earley

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.

Published on: April 25, 2012

“I was injured in a slip and fall accident but I can’t afford to hire an attorney!”

By Christopher Earley

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.

Published on: April 25, 2012

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

By Christopher Earley

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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Published on: April 15, 2012

Tell Your Attorney About Prior Claims and Injuries!

By Christopher Earley

One of the first questions I ask a potential personal injury client is whether he has made any claims in the past. Whether it be a motor vehicle accident, slip and fall or some other claim, it is important for me to know this information. The reason is that the claims adjuster and the defense attorney (if the claim goes into suit) has access to a claims index. If you have made claims in the past, they will appear in the claims index and will come up on a search.

Therefore, before meeting with your attorney for the first time, think back to any claims you have made in the past and write them down on a piece of paper. Write down the approximate date of the accident, the type of accident it was, and any injuries you suffered as a result.

It is better that your attorney learn of these accidents at the beginning of the case, rather than during your deposition when the defense attorney will be sure to bring them up to weaken your case.

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Published on: March 15, 2012

Sobering Information for Plaintiffs Thinking About Going to Trial

By Christopher Earley

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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Published on: February 11, 2012

Injured in a Slip and Fall on Snow and Ice Accident? No Legal Fee Unless Successful

By Christopher Earley

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.

Published on: January 13, 2012

What To Do After a Slip and Fall Accident

By Christopher Earley

– Get the names, telephone numbers and addresses of all parties;

– Get the names, telephone and addresses of all witnesses;

– Call an ambulance and the police, if necessary;

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