Slip and fall accidents often result in more than just a few cuts and bruises. Many times, they cause serious, life-altering physical injuries. Slips and falls, also called trip and fall accidents, are responsible for roughly one million emergency room visits each year.
If you were injured in a slip and fall caused by dangerous or hazardous conditions on someone else’s property, the property owner may be financially liable for your losses. A Summerville slip and fall lawyer can help you demand the financial recovery and justice that you deserve.
At Joye Law Firm, our personal injury lawyers have advocated for the rights and interests of injured accident victims for more than 50 years. In that time, we’ve recovered over a half a billion dollars in verdicts and settlements for our clients. Our experienced legal team has received an AV rating from the Martindale-Hubbell peer review system, the highest rating available for legal skills and ethics.
If you’ve been injured on someone else’s property in Summerville, contact Joye Law Firm for a free initial case evaluation. We can discuss your legal options and how you can pursue financial recovery in a slip and fall claim.
How to Prove a Slip and Fall Claim
To recover compensation in a slip and fall claim, you will need to prove that the accident was caused by a dangerous or hazardous condition on someone else’s property.
You must prove that at least one of the following conditions was in place:
- The property owner created the hazard.
- The owner knew about the condition and had sufficient opportunity to fix the condition before you slipped and fell.
- The property owner should have reasonably expected the condition would cause someone to slip and fall.
In some cases, you may also have to prove that:
- You exercised reasonable caution while on the premises and thus were not partly or entirely responsible for slipping and falling.
- The hazard was located somewhere unavoidable, like at the front entrance of the building or in the middle of a store aisle.
An experienced Summerville slip and fall attorney can determine if the accident that injured you met all the above conditions and whether you have a viable slip and fall case.
Common Causes of Slip and Fall Accidents
Some of the most common causes of slip and falls in Summerville include:
- Spilled foods or liquids
- Tracked-in water, mud, or plant debris
- Recently mopped or waxed floors
- Worn or torn rugs or carpeting
- Broken flooring or tile
- Uneven floor surfaces
- Abrupt transitions between flooring surfaces
- Debris, cords, or wires in walkways
- Broken or uneven pavement
- Broken stairs or broken or missing handrails
- Inadequate lighting
- Visual obstructions
Common Places Where Slip and Fall Accidents Occurs
Slip and fall accidents often occur in retail locations, commercial properties, and public places. Some common sites of slip and fall accidents include:
- Supermarkets and grocery stores
- Retail stores
- Malls and shopping centers
- Hotels and resorts
- Bars and restaurants
- Gyms and other sports facilities
- Swimming pools
- Amusement and recreational parks
- Parking lots and garages
- Public sidewalks and walkways
- Construction sites
Injuries as a Result of a Slip and Fall Accident
Slip and fall injuries can range from minor to severe and can include:
- Skin abrasions
- Broken bones
- Dislocated joints
- Ligament sprains
- Muscle and tendon strains
- Soft-tissue tears
- Herniated spinal discs
- Head and facial injuries, including eye or mouth injuries
- Traumatic brain injuries
- Spinal cord injuries
- Internal organ injuries
How Can a Summerville Slip and Fall Attorney Help?
Slipping and falling on someone else’s property does not guarantee that you will recover compensation for your injuries and losses. You need experienced legal representation to help you stand up to the insurance companies and fight for the financial recovery you need and deserve. A Summerville slip and fall attorney from Joye Law Firm can help you seek this compensation and accountability by:
- Investigating your claims and recovering evidence like accident scene photos, surveillance footage, eyewitness statements, and medical records for your treatment
- Documenting your injuries and losses and calculating future expected expenses and losses
- Explaining your rights and options and what to expect at each stage of your case
- Pursuing insurance claims on your behalf and aggressively negotiating with adjusters and defense lawyers to try to reach a fair settlement
- Taking your claims to court when a fair settlement cannot be reached and fighting throughout the litigation process to secure a judgment in your favor
How Much Is Your Slip and Fall Accident Claim Worth?
If you’ve been injured in a slip and fall accident, you may be entitled to compensation for:
- Costs of medical treatment and rehabilitation of your injuries
- Costs of long-term care if your injuries cause you to suffer significant permanent disability
- Lost wages or income
- Loss of future earning ability and employment benefits if you can no longer work
- Pain and suffering
- Reduced quality or enjoyment of life due to disabilities or significant scarring/disfigurement
How Long Do You Have to File a Slip and Fall Lawsuit in South Carolina?
Under South Carolina’s statute of limitations for injury claims, you typically have three years from the date of a slip and fall accident to file a lawsuit against the property owner and other liable parties. However, the statute of limitations can be longer or shorter under limited circumstances.. If you bring a claim after the statute of limitations has passed, you will likely have your case dismissed by the court. Meaning, you’ll lose your ability to seek compensation for your injuries. Time is of the essence, so do not delay in reaching out to a qualified Summerville slip and fall attorney for help.
Slip and Fall Lawsuit Timeline
As with most person injury claims, the vast majority of slip and fall cases can be settled outside of a courtroom, and a lawsuit will never have to be filed. However, it is sometime necessary to take this step in order to pursue fair compensation.
While all slip and fall lawsuits are unique, they generally follow the same timeline:
- A lawsuit begins when you file a complaint with the court. In the complaint, you will identify yourself as the injured party and identify the party or parties you allege caused your slip and fall injuries. You must also explain the facts and circumstances surrounding the accident. Finally, you’ll need to note the legal grounds behind your slip and fall claim.
- Next, you must serve the complaint and the summons issued by the court to the defendant(s). This will notify them of your lawsuit. It also gives them the opportunity to respond by filing an answer where they admit or deny the allegations in your complaint.
- Once the parties have filed their answers, the next step in the process is known as Discovery is where the parties exchange documents and evidence and take testimonies from relevant witnesses.
- A lawsuit will go to trial if the claim isn’t resolved by a motion to dismiss, a motion for summary judgment, or a settlement. A trial involves the parties presenting their witnesses, evidence, and arguments.
- Finally, a verdict is issued that resolves your slip and fall case.
What to Do After a Slip and Fall Accident
If you were involved in a slip and fall accident, taking the following steps can protect both your well-being and your ability to claim compensation:
- Notifying the business or the property owner —If you slip and fall at a commercial property, you should immediately alert the business’s owner or manager. Furthermore, you should ask for a copy of any accident or incident report that is prepared.
- Taking photos or videos —Take photos or videos of the area where you fell, including whatever you think may have caused you to trip and fall. This might include lighting conditions, any obstructions, or the presence of any warning signs or other safety equipment (such as handrails). You should also photograph or preserve the clothing and footwear you were wearing during the accident. This will help if the property owner or insurance company tries to argue that your clothing could have caused the accident and might also show substances that led to the trip and fall.
- Seeking medical treatment —See a doctor as soon as possible for a physical exam to document any injuries you may have sustained in the fall and to get treatment for them. Make sure to follow your doctor’s orders.
- Keeping copies of important papers —Keep track of bills, invoices, receipts, and your income records so that you can be compensated for these expenses and losses.
Finally, talk to a Summerville slip and fall attorney from Joye Law Firm to get the legal assistance you need to recover the compensation you deserve.
Talk to a Summerville, SC Slip and Fall Lawyer Today
If you have been hurt in a slip and fall accident in Summerville, SC and a negligent property owner caused your injury, don’t wait to seek a financial recovery for your medical bills and losses. Call Joye Law Firm today at (888) 324-3100 for a free, no-obligation consultation. Our slip and fall accident attorneys in Summerville can guide you through a slip and fall claim and help you seek the maximum compensation available by law.