At Earley Law Group, we understand how challenging things can be after you suffer a serious injury in a slip-and-fall in Boston. In addition to the pain and suffering that the injury has caused, you may suddenly face mounting medical bills and the inability to earn income due to your condition. The stress and financial burdens can seem overwhelming. But we can help.

At Earley Law, we believe one of the most important jobs of any law firm is to get results for its clients. While every case is unique, and the amount that can be sought in a slip-and-fall accident settlement depends on the specific facts, our goal in every case is to recover the maximum amount for our clients.

Understanding Slip & Fall Settlements in Boston

A “slip-and-fall” is the term people use to describe an accident that happens when a person suffers a fall due to a hazardous property condition. Slip and falls commonly occur in Boston as the result of:

Wet, slippery floors
Poor, dim lighting
Stray cords and wiring
Torn or frayed carpeting
Loose rugs
Uneven floors, pavement, and other walking surfaces
Debris or other items
Covered holes or objects

To recover compensation in a slip and fall settlement, you must establish that the property owner and/or other party had a responsibility to prevent an injury to you while you were on their property. For instance, when you go to a store as a customer, the owner of the store property and/or store owner must regularly check the premises for dangerous conditions, address hazards, and warn visitors about any risks. When they fail to do so, and you suffer serious injury as a result of their negligence, you have the right to seek full and fair compensation from those who are responsible.

What is a Slip-and-Fall Settlement?

The purpose of a slip and fall claim is to seek maximum compensation for the physical, emotional, and financial harm that you have suffered because of injuries. While pursuing this compensation may require going to trial, most claims are resolved through a settlement before a case goes to trial. However, the parties can reach a settlement even during or after a trial.

When a person accepts a slip-and-fall settlement offer, they typically release the other parties from any future liability. So, regardless of when you and your lawyer reach a settlement for a slip-and-fall, it is crucial that it covers all of your needs and otherwise meets all of your goals.

How Does the Settlement Process Work in a Boston Slip and Fall?

Many different parties can be held liable for a slip-and-fall in Boston. It can depend on where the accident happened in addition to other factors. Some of the parties most commonly held liable in slip-and-fall claims are:

Property owners
Store or business owners
Property managers
Landlords
Government agencies

The slip-and-fall settlement process starts by filing a claim against those responsible for the accident. The claim is typically made by filling out all required paperwork and submitting a demand letter, or package, to the party’s insurance company. The letter provides a demand for compensation as well as the legal and factual reasons for seeking the amount.

The insurance company will accept or reject the demand. In some cases, the insurance company may deny any liability, or the insurer may accept liability but disagree with the amount of damages that are sought. In that situation, the insurance company will make a counteroffer.

When an insurance company makes a counteroffer, it can lead to settlement negotiations. Your attorney and the insurance company can negotiate directly, or they may use other ways to reach an agreement. For instance, they may work with a neutral third party, such as a mediator, or go through a formal arbitration proceeding.

Again, if a settlement is reached, you will typically need to sign a release form, too. Depending on the circumstances, the settlement may then be disbursed in a lump sum or through a series of payments. An attorney with experience in handling personal injury cases will know how to structure a settlement agreement so that it protects you and your future.

If no settlement agreement can be accomplished through a demand letter and negotiations, your attorney should be ready to present a carefully prepared, compelling argument in court.

Why Consider a Settlement of a Slip & Fall Accident Claim?

As you move forward with seeking compensation for your slip-and-fall injuries in Boston, you should understand the potential benefits that could come from a settlement of your claim. Those benefits include:

Time – Going to trial can be a lengthy process, depending on the court’s schedule, jury selection, presentation of evidence, deliberations, and other factors. When no trial is involved, a settlement can resolve a case more quickly.
Expense – In a contingency fee agreement, an attorney will receive approximately 33 percent of a settlement for attorney fees as well as expenses. When a case goes to trial, those expenses tend to be higher than when a case is resolved through a settlement.
Predictability – Even when a jury finds a property owner or other party liable for a slip-and-fall accident and awards damages, the party could file post-trial motions or an appeal. In a settlement, the parties typically agree to end all litigation once the settlement is final.
Stress – Getting ready for a trial and, if necessary, testifying before a judge and jury can be highly stressful, especially when a person is dealing with slip-and-fall injuries. A settlement can help to reduce your stress by providing a timely resolution to your case, giving you a sense of finality, and helping you to move forward in life.

However, every case is unique, with different case law applying to particular circumstances. This is one of the many reasons why it is important to speak with an experienced Boston slip and fall accident lawyer. They will help you understand the potential benefits of a settlement in your individual case.

Factors Affecting Your Settlement Amount

No two slip and fall accidents are exactly the same. The results will always vary. It depends on several different factors, including:

Severity of Injury – Depending on the nature and extent of your injuries, you may need extensive medical treatment, miss work, and be unable to return to a job and earn income that you need for your daily living expenses. A settlement should justly compensate you for these losses.
Quality of Life – It is crucial for the responsible party to understand the physical pain and suffering and emotional trauma that comes from suffering a catastrophic injury, including the stress, anxiety, and depression it may cause.
Liability – When an attorney conducts a thorough investigation, carefully reviews all the evidence, consults with experts as necessary, and presents a solid case establishing liability, the responsible party will be more likely settle.
Insurance Policy Limits – An insurance company cannot agree to a settlement amount beyond its policy limits. To maximize your compensation, it will be important to identify all available sources of insurance coverage.
Degree of Fault – Under Massachusetts’ modified comparative negligence law, a person’s recovery in a personal injury lawsuit is reduced according to the degree of fault they share for the accident. If the person is more than 50 percent at fault, they can be barred from recovering any compensation. An insurance company may offer a lower settlement amount based on shared fault.

At Earley Law Group, we always stand up to insurance companies that try to shift blame for slip and fall accidents to victims. We can investigate and review these factors affecting slip and-fall settlement amounts and work closely with you to pursue a settlement that meets your goals.

Maximizing Your Settlement

The steps you take after a slip-and-fall accident in Boston can end up helping you maximize your settlement. Those steps include:

Taking photos of the area where the fall occurred, including the dangerous condition that caused it, and the visible injuries you have suffered
Filing a report with the property owner and/or any other party that bears responsibility for your slip-and-fall injuries, or otherwise provide those parties with notice of it
Getting medical treatment as soon as possible and making sure to follow your treatment plan
Keep everything, including your photos, copies of any reports you have filed, medical bills and other receipts from slip-and-fall-related expenses, and any written correspondence with the parties and/or their insurance companies

The most important step you can take is to talk with a Boston personal injury lawyer from Earley Law before you accept a slip-and-fall accident settlement offer. Accepting an offer from an insurance company could fall short of fairly and fully compensating you, but our attorneys can review the terms and fight for the money you deserve for past and future losses due to the accident.

Do You Have Specific Questions About Your Settlement?

We can help you understand your rights and explain the settlement process based on your situation. Contact us online and learn more with a free, no-obligation consultation.

At Earley Law, we are here to make the entire legal process as straightforward as possible. Our team prides itself on delivering five-star customer service, which is something we call the “Earley Experience.” We will do everything possible to make your case go as smoothly as possible and provide the responsiveness and individual attention you expect and deserve.