People slip and fall all the time. The person who falls normally suffers only a few bruises. In certain cases, a slip and fall may result in serious or even fatal injuries. When such an injury occurs, it is wise to have a Malden slip and fall lawyer consider the circumstances to determine whether a property owner was liable for the consequences of the fall.
A well-practiced personal injury attorney could evaluate the situation to determine whether it may be possible for you to obtain compensation to cover the effects of the fall, including the pain and inconvenience suffered. An experienced attorney could handle the legal aspects of the claim so you could focus on recovering from your injuries.
The Statute of Limitations in Slip and Fall Cases
State law limits the amount of time someone injured caused by the negligence of another has to file a civil lawsuit seeking compensation for the injury. This limit is referred to as the statute of limitations.
In Massachusetts, Chapter 260 section 2A of the Massachusetts General Laws sets this limit at three years from the time “the cause of action accrues.” For a slip and fall incident, it could mean a lawsuit must be filed within three years of the fall. Claims filed after that time may be dismissed. A Malden slip and fall lawyer could help file a claim within this time limit.
Gathering Evidence in Malden
While the law allows three years to file a claim, it is wise to act well before the end of that time period. The best evidence may only be available shortly after the incident. As more time passes, evidence becomes harder to obtain and less reliable.
Camera footage showing an incident or depicting the scene may be erased after a certain time. Since the hazard that caused the person to slip and fall may also be repaired, a picture taken later may not truly show the situation at the time of the accident. The memory of witnesses often fades or changes over time. Skilled attorneys could work with you to begin gathering evidence to pursue an injury case.
Law Surrounding Slip and Falls
The law that determines who may be held liable for a slip and fall incident is based on premises liability. In many situations, the person who owns or controls property owes a certain duty to those on the property. The standard of care owed may vary depending on the circumstances of entry and the property.
Those legally entering the property may expect to be protected from or warned against dangerous conditions. Failure to provide warnings or take measures to protect from harm could make the property owner liable for negligence.
If someone enters the property of another without permission as a trespasser, the duties of the property owner to protect their safety are not nearly as great. The owner may only need to refrain from intentionally hurting the trespasser. An attorney could explain how Malden slip and fall laws may impact your injury claim.
Speak to a Malden Slip and Fall Attorney
Slip and falls can be a complex area of law. Therefore, if you are suffering injuries from this type of incident, seeking legal advice from an attorney familiar with all aspects of these cases is helpful. A knowledgeable Malden slip and fall lawyer could evaluate options and help you work toward the maximum recovery.
They may also advocate on your behalf at all stages of the claim, from questioning to settlement negotiations to court appearances. To learn how an experienced personal injury lawyer could help, call now.