What damages can I get for my slip and fall accident? – Kiley Law Group, LLC (2023)

This is reported by the National Floor Safety Instituteslip and fall accidentsaccount for more than 1 million emergency room visits each year. Most accidents are relatively minor, but 5% of fall events result in broken bones. Some people may also experience head injuries with serious long-term consequences.

You may be entitled to compensation if you were injured in a slipping accident caused by someone else's negligence. The purpose of compensation is to restore accident victims to health by restoring as much of what they have lost as possible.

Monetary compensation can ease the financial burden of your accident. You may also seek compensation for the pain and suffering you have suffered.

Calculating compensation and seeking a fair resolution of a slip and fall incident can be tricky. OSlip and fall lawyersat Kiley Law Group have over 40 years of experience fighting - and winning - these types of cases. We look forward to hearing your story and discussing your legal options, and there are no fees until we win your case.Find out if you have a strong case by booking a free case evaluation. Call (888) 435-1321 or fill outContact FormOn our website.

Let's look at exactly what damages you can receive in a slip-up case and how a tort lawyer can help you sue them.

economic damage

Economic – or compensatory – damages represent compensation for actual financial losses suffered by the victim. If the slipping accident caused you to incur expenses that you would not otherwise have incurred, you may be able to claim compensation to cover those expenses.

medical expenses

Immediately after a fall accident, medical expenses can quickly add up, including bills for:

  • emergency services
  • co-payments
  • medical imaging
  • medicine
  • Medical devices and supplies
  • therapies and rehabilitation

Try to keep a record of all these expenses which can be used to substantiate your future claim.

Long term medical care

If you have sustained catastrophic injuries in a fall accident, you may need ongoing medical treatment and care. Some of these future costs may include:

  • physiotherapy
  • janitor support
  • adjustments in your home
  • Medical devices and supplies
  • medicine

If you are not at fault for the accident, you don't have to shoulder these long-term costs financially. An experienced slip and fall attorney can determine the true cost of the assistance you need and fight for a settlement that's right for you.

loss of income

Serious injuries always lead to absenteeism. If the consequences of your injuries are long-lasting, you may need to change jobs or quit your job altogether.

You can claim compensation for:

  • Lohnausfall
  • Loss of future income or business opportunity
  • bonus loss
  • loss of earning capacity

If you are able to continue to work but are no longer able to do the work you did before the accident, you may be able to claim compensation to cover retraining costs. Every case is different and a civil liability attorney can advise you on the compensation claims you can make in your case.

non-economic damage

In addition to claiming economic damages, you may also be entitled to compensation for non-monetary costs incurred. In Massachusetts, these are referred to as non-economic or general damages.

Unlike economic damages, it is not possible to calculate the amount you are entitled to. Instead, the calculation of how much damage you can claim is based on common sense and the experience of your lawyer or judge if the case goes to court.

pain and suffering

All injuries cause pain and suffering, and your lawyer can use your medical evidence to prove how much you endured. In addition, he or she can use:

  • Your own testimony, including any journals you kept that describe your pain
  • Testimonials from family, friends and caregivers who talk about their condition
  • injury photos
  • painkiller prescriptions

The more severe and painful your slip and fall, the more damage you can claim.

Pain and suffering also includes the mental anguish you experienced while recovering from the accident. If the injury results in permanent disability, your attorney may seek higher compensation, given the long-term nature of your suffering.

Loss of consortium or parent company

Slip and fall injuries can result in serious and permanent injuries that affect the way a person interacts with family members. UnderLei de Massachusetts, this is covered by the loss of the consortium and the loss of the parent company.

Claiming the loss of consortium means seeking compensation for the loss of your right to companionship, companionship and affection that characterize a marital relationship. This can include:

  • Restrictions in social and recreational aspects of life caused by the injury
  • Loss of sexual intimacy and/or the ability to have children
  • Loss of benefits provided by the injured spouse

If the case goes to court, the judge may consider several factors when deciding how much damages to pay, if any. This can include how long you've been married, how stable your marriage was, and what activities you can no longer participate in together.

The claim for loss of parental company can be made by minor children or disabled adult children of the injured party. This allows you to claim compensation for loss of companionship, companionship and affection. A claim can be made for a child who was not born at the time of the accident. The law requires that he or she has already been conceived and has had a parent-child relationship with the injured party.

Interestingly, under Massachusetts law, the aggrieved party is not the only person who can claim loss from the joint venture and parent company. The injured party's spouse and children can assert their own claims, provided they can prove that the negligence of the other caused the damage.


Scars and disfigurements can be a painful, daily reminder of the trauma of your accident. While plastic surgery or cosmetic treatments can help, you may be entitled to non-economic damages to compensate you for the stress caused by your disfigurement.

punitive damages

You may also have heard of punitive damages and are wondering if they apply to slip and fall cases. Punitive damages are effectively a punishment for the liable party and are intended to deter them from repeating wrongful acts.

Massachusetts allows punitive damages only in certain cases provided by law, and this currently does not include slip and fall cases.

Building a claim to success

To win a slip and fall case, you must demonstrate that the owner of the property failed to perform a duty of care due to you. Furthermore, their negligence must have directly caused his fall and the resulting injuries.

Debtor identification

In many cases, the person or company occupying the premises is not the owner. In this case, both parties can share responsibility for your accident. Residents are generally responsible for the safety of the premises, but must inform the landlord if they cannot remedy the risks themselves.

An experienced slip and fall attorney can help you decide which party is best to sue for damages.

detect negligence

To prove that the other party, the owner or occupant of the property, acted negligently, you must prove the following:

  • You caused, knew or should have known about the danger that caused the fall
  • They failed to rectify the situation.
  • This mistake caused the injury
  • The breach caused economic or non-economic harm or both

Your tort attorney can work with you to gather evidence to support your claim. This can include:

  • Evidence photos from the accident scene
  • medical records
  • Company security records
  • opinion of an 'expert

Massachusetts law operates on the principlecomparative neglect. This means that even if you are partially responsible for the accident, you may be entitled to negligence damages as long as your liability does not exceed 51%.

limitation period

In Massachusetts, the statute of limitations for slips and falls is 3 years. This starts on the day of the accident, so don't hesitate to seek legal advice.

Talk to a slip and fall lawyer today

After a fall due to slippage, the last thing you want to do is fight insurance companies for fair compensation. Instead, you need a compassionate and dedicated attorney to fight by your side - a dedicated attorney who can bring your case to the point, calculate fair compensation, and apply Massachusetts law to get you the compensation you deserve.

Kiley Law Group lawyers are ready to fight hard for you. Our legal team has won over $1 billion for our clients, including over $1 million in individual settlements in tort cases.

Take the first step towards justice by arranging a free case evaluation with an experienced slip and fall attorney. Call (888) 435-1321 orContact us onlineToday.

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