Slip and fall accidents can happen in a split second, often when you least expect it. One moment, you’re walking through a store or a parking lot, and the next, a hidden hazard causes you to lose your balance and fall.
These accidents might seem small at first. However, they can lead to serious injuries, high medical bills, and missed income due to missing work. The West Ashley personal injury lawyers at Miller, Dawson, Sigal & Ward take these incidents seriously.
We are the South Carolina Injury Law Firm that will work for you to get results that matter. We will work to recover your damages while you heal. Call us to explore your legal options with our West Ashley slip and fall lawyer from our team.
Proving Liability in a West Ashley, S.C., Slip and Fall Case
Slip and fall premises liability cases focus on whether the property owner was careless in keeping the property safe. If someone gets hurt because the owner didn’t fix or warn about a dangerous condition, the owner may be held responsible.
South Carolina law requires us to show how a property owner or manager was negligent and, therefore, accountable for your injuries. This involves proving:
- The property owner had a lawful duty to keep the premises safe for guests and visitors.
- They breached that duty by failing to address a hazardous condition.
- The hazardous condition directly caused your injury.
- Your injury resulted in recoverable damages like medical bills, lost pay, and pain and suffering.
Our West Ashley slip and fall injury attorneys will gather evidence, such as security camera footage, witness statements, and maintenance records, to build a strong case on your behalf.
Common Causes of Slip and Fall Accidents in South Carolina
Slip and fall accidents can happen anywhere, but certain hazards make them more likely. Common causes include:
- Wet floors: Spills, leaks, or recently mopped surfaces without warning signs can easily lead to slips.
- Uneven surfaces: Cracked sidewalks, broken stairs, or uneven flooring in buildings can cause people to slip or trip and fall.
- Poor lighting: Dimly lit areas, especially in stairwells or parking lots, can make it difficult to see potential hazards.
- Lack of proper signage: When hazards like wet floors or construction zones aren’t clearly marked, it increases the risk of an accident.
- Clutter or debris: Objects left in walkways or floors covered in debris can obstruct a person’s path, leading to falls.
These hazards can often be avoided if property owners or managers take proper care of their premises. When they fail to do so, they may be held responsible for any injuries that result from unsafe conditions.
How Our West Ashley Slip and Fall Injury Lawyers Will Help You
When it comes to slip and fall cases, having a lawyer by your side is especially important. These cases can be complex and challenging to handle on your own.
The Thumbs Up Guys at our firm understands South Carolina’s laws that govern personal injury cases and how they can affect your case’s outcome. We can handle your entire case and protect your rights and interests while advocating for your full financial compensation.
Once you become our client, we will:
- Investigate the accident to understand what happened
- Gather case-supporting evidence (e.g., surveillance footage, witness statements, maintenance records, etc.) to prove liability and the cost of your damages.
- Identify all liable parties and prove their negligence for the accident in West Ashley.
- Work with expert witnesses, such as medical professionals or safety experts, to strengthen your case and explain the severity of your injuries or the unsafe conditions that caused the fall.
- Calculate the total value of your insurance claim and determine your case’s value.
- Communicate and negotiate with insurance companies for your fair settlement.
- Handle any appeals or disputes that may arise if the insurer denies your claim or offers a low settlement.
- Represent you in court if we cannot settle your case outside of court.
- Complete all legal paperwork correctly and file it within the statute of limitations.
- Advise you on how long your South Carolina personal injury case can take.
Let Us Handle the Insurance Company for You After the Accident
Dealing with insurance companies after a slip and fall accident can be stressful and challenging. This is especially so if you don’t feel well from painful injuries.
Insurance adjusters can use different strategies to reduce your payouts, which can leave you without the money you need to cover medical bills and other expenses.
The Thumbs Up Guys can take on this task for you by handling all communications and negotiations with the insurance company.
We will:
- Negotiate for fair compensation that covers your damages.
- Review settlement offers to determine if they reflect the true value of your claim.
- Represent your interests in every discussion, preventing the insurance company from using tactics that could reduce your payout.
By letting our West Ashley slip and fall law firm manage the insurance company, you can focus on your recovery while they work to secure the compensation you deserve.
Multiple Parties May Owe You Compensation for Your Losses
In a slip and fall accident, more than one party could be responsible for your injuries. Property owners, landlords, business operators, and even maintenance companies may share liability depending on the circumstances.
For example, a business owner might be responsible for failing to fix a hazard, while a property management company could be liable for inadequate maintenance.
Other potential liable parties in a slip and fall case may include:
- Tenants who have control over the premises where the accident occurred.
- Maintenance companies that neglected to address hazards or perform proper upkeep.
- Contractors or construction crews who left unsafe conditions during renovations or repairs.
- Event organizers if the slip and fall occurred at a public event with inadequate safety measures.
- Municipalities or government entities responsible for maintaining public sidewalks, roads, or other public spaces where the slip and fall occurred.
Each of these parties could be held accountable depending on their role in causing or failing to prevent the accident. We will identify all potentially responsible parties and hold them accountable.
If your case involves more than one liable party, we will handle talks with each party’s insurer to maximize your chances of recovering damages for your injuries.
Recoverable Damages in a West Ashley Slip and Fall Case
After a slip and fall accident, you or your loved one can demand various forms of compensation from the party that caused your accident, including:
- Medical expenses (past and future)
- Lost income if you could not work
- Decreased earning ability
- Rehabilitation costs
- Pain and suffering
- Emotional distress
- Mental anguish
- Therapy and counseling fees
- Loss of consortium
- Loss of companionship
- Permanent disability
- Scarring and disfigurement
- Impaired quality of life
- Loss of enjoyment of life
- Property damage
- Other related damages
Our West Ashley slip and fall attorneys will assess the extent of your losses and pursue a fair settlement. The damages you recover will depend on a few factors, such as the severity of your injuries, your medical treatment costs, lost wages, and how the accident has affected your quality of life.
Catastrophic and Fatal Injuries in Slip and Fall Accidents
If you suffered severe injuries in a slip-and-fall, such as traumatic brain injuries (TBIs), spinal cord damage, or severe fractures, our West Ashley catastrophic injury lawyer will advocate for fair compensation that covers your long-term medical bills, lost income, and other expenses.
In the worst cases, slip and fall accidents may result in fatalities. If you have lost a loved one in a slip and fall accident, we are very sorry for your loss. We want to be there for your family and hold the liable party accountable for your losses.
A West Ashley wrongful death lawyer from our team can help families recover damages such as funeral expenses, lost future earnings, and loss of companionship. Call us today for a free consultation.
Punitive Damages
In addition to the damages that compensate you for the losses you have suffered, punitive damages may also apply to your case. These damages are designed to punish the liable party for particularly reckless or intentional behavior that led to your slip and fall accident.
However, it is important to note that these damages are rarely awarded. They are typically reserved for cases where the at-fault party’s actions were especially egregious or showed a blatant disregard for safety. We can advise if punitive damages apply in your case.
Filing Deadlines Apply to Slip and Fall Lawsuits in South Carolina
You have a limited amount of time to file a slip and fall lawsuit in West Ashley. It’s important to act quickly to ensure you meet the deadline and protect your rights.
Per state law, South Carolina’s statute of limitations is three years from the accident date. This timeline applies to personal injury and wrongful death lawsuits. However, certain factors, like the involvement of a government entity, could affect this timeline.
We encourage you to call The Thumbs Up Guys to find out how long you have to pursue a case. If you fail to file within the time frame for your case, you may not be able to recover compensation. We will file your case on time.
Frequently Asked Questions (FAQs) About Slip and Fall Cases
We know the pain and stress that can follow a slip and fall accident, especially when it leads to costly losses and ongoing discomfort. Our team will answer your questions and address your concerns about your accident.
Below are a few common questions we get about personal injury cases involving accidental slips, trips, and falls.
Can I Pursue a Slip and Fall Case if I Was Partially at Fault for the Accident?
Yes, you can still pursue a slip and fall case even if you were partially at fault for the accident. You may be eligible to recover compensation based on the percentage of fault assigned to the other party.
In South Carolina, you can pursue damages as long as your level of fault does not exceed 50%, per state law. The Thumbs Up Guys will explain how this law works if it applies to your situation.
What Should I Do After a Slip and Fall Accident in West Ashley, S.C.?
After a slip and fall accident, it’s important to take the following steps:
- Report the accident to the property owner or business where the fall occurred.
- Take photos of the hazardous conditions and the surrounding area.
- Seek medical attention right away, even if your injuries seem minor at first. Some injuries, like concussions or internal damage, may not show immediate symptoms but can worsen over time.
- Collect contact information from any witnesses.
- Keep records of medical treatment, expenses, and any missed work.
These steps can help protect your rights and strengthen your case if you pursue a claim for compensation.
What Types of Evidence Can I Use to Strengthen My Slip and Fall Case?
To strengthen your slip and fall case, you should gather key evidence that supports your claim. This includes:
- Photographs or videos of the hazardous condition that caused the fall.
- Witness statements from people who saw the accident or can verify the dangerous conditions you faced.
- Incident reports filed with the property owner or business at the time of the accident.
- Medical records detailing your injuries and the treatment you received.
- Clothing and shoes you were wearing during the fall. Preserving them can provide evidence of and insight into the conditions that contributed to the accident.
Our injury lawyers will collect all evidence that helps us build the strongest case for you.
Are There Any Limitations on the Compensation I Can Receive for My Injuries and Damages?
There may be limitations on the amount of compensation you can receive for your injuries and damages. Factors such as liability, insurance coverage, and state laws can affect the total amount of compensation you may be able to recover.
Can I Sue a Property Owner for a Slip and Fall Accident That Occurred on a Public Sidewalk or Street?
Yes, you can sue a property owner for a slip and fall accident that happened on a public sidewalk or street. You have the right to seek compensation for your injuries and damages. A personal injury lawyer can help with the process.
Call Us for Help From a West Ashley Slip and Fall Lawyer Today
If you’ve been injured in a slip and fall accident, you can reach out to us without delay for guidance from our West Ashley slip and fall lawyer. We will handle your case while you focus on recovering from the accident.
At Miller, Dawson, Sigal, and Ward, we have a strong track record of helping accident victims recover the compensation they need.
Hiring a lawyer can improve your chances of receiving fair compensation for your injuries and damages. You don’t have to handle this process on your own. Call or contact us online to connect with The Thumbs Up Guys today for a free case evaluation.