A slip and fall accident is one of the most common types of cases lawyers come across everyday. You may slip from the stairs, wet floor, trip over something and so on. It is important to understand that the other party can not always be held responsible for your injuries. There needs to be some sort of negligence from the other party or the property owner. There are some factors that make a slip and fall a personal injury case.
When Does Slip and Fall become a Personal Injury Case?
Personal injury cases arise from hazardous conditions. If there was some potential for injury, and the owner of the property neglects the problem rather than remedying the situation, even a slip and fall case can become a personal injury case. Hazardous conditions may be temporary (like ice on a sidewalk) or permanent (like broken stairs).
For most permanent conditions, the law in Hyannis, MA, considers slip and fall cases to be personal injury. The primary reason is that permanent conditions should have been rectified by the owner of the property or employees.
When it comes to temporary conditions, a lot of things need to be analyzed to determine the owner’s responsibility and negligence. After a thorough analysis, it can be determined if the slip and fall case should be considered a personal injury case.
There’s no specific way to explain when a property owner or employees are legally responsible in such cases. Each slip and fall case depends on whether the owner was negligent or acted carefully to make sure visitors are less likely to trip or slip.
If the person was careless and negligent, he may be held responsible for causing the accident. In such a case, you will be able to receive fair compensation for your damages. In order to be held responsible, the owner :
1. must have been responsible for the torn spot, worn spot, spill or other dangerous items to be underfoot.
2. must have been aware of the dangerous material or slippery surface being underfoot, and didn’t take any steps to remedy the situation.
3. must not have taken any steps to remedy the situation completely and taken care of the dangerous items or objects that were underfoot. He must have intentionally avoided the situation altogether.
These are the most important conditions that make a slip and fall a personal injury case. In order to receive compensation for your damages, you need to prove these conditions in court. The next step is to hire a professional personal injury lawyer and discuss everything with him.
Hire a Slip and Fall Injury Lawyer in Hyannis, MA.
When you’re involved in a slip and fall accident in Hyannis, MA,, it is very important to hire a slip and fall injury lawyer to handle your case. These days, you can easily find a personal injury lawyer online. However, you need to consider some factors before making a choice.
Background & Experience -You need to understand the attorney’s background, legal skills and professional experience. You need to ask him about the law school he attended and the year in which he graduated. It is also important to know about the number of years since the lawyer has been practicing law. Most importantly, you should ask about the number of slip and fall accident cases that the lawyer represents every year.
Legal Philosophy & Style of Practicing Law – You also need to know about the attorney’s legal philosophy and style of approach. You need to understand his personality as a lawyer, philosophy or approach in handling personal injury cases, sympathy towards accident victims and so on. This will help you understand whether the lawyer will come up with a favorable course of action or not.
Assessment of the Case – First of all, you should describe all the facts related to your case to the lawyer. This will help the lawyer assess your case. You should ask about his opinion on your case, and whether it is likely to go to trial, percentage of lawsuits he settles every year and so on. You should also ask him about an amount which he thinks would be a realistic settlement. Moreover, you should ask about the duration it could take to resolve your case.
Legal Fees – All the information you collect from the above given points will tell you a lot about a lawyer’s experience. You also need to understand that most personal injury lawyers work on contingency basis. This means, you will not have to pay anything until you win the case or receive a compensation. Thus, you need to be clear about the contract and financial obligations before hiring a lawyer for your slip and fall accident case.
Contact us at 508-775-1660 for a free initial consultation.