When you are hurt on someone else’s property, you may have grounds to file for damages through a premises liability claim. Understandably, victims are anxious to see their case brought to a resolution. They look forward to putting this part of their lives behind them and collecting compensation to recover and set them up for a more stable financial future.
A variety of factors affect the progress of a premises liability claim. Whatever the specific circumstances of your case, a North Charleston premises liability lawyer from Shelly Leeke Law Firm will work to bring that claim to a favorable resolution as efficiently as possible. Our team has secured six- and seven-figure settlements for deserving victims, and we look forward to adding your case outcome to our record of success.
Premises Liability Claims
A premises liability claim is a type of personal injury or accident case. When you are hurt by someone else’s negligence, Chapter 38 of South Carolina’s Civil Code gives you the right to hold the responsible party accountable as long as you are less than 51% at fault for the accident. Through your claim, you can demand compensation for the financial, physical, and emotional losses incurred by the accident and subsequent injuries.
Victims file premises liability claims when they are injured on someone else’s property and that injury occurs because of the property owner’s negligence. Home and business owners are required to remove or warn guests to their property of known hazards and ensure their properties are outfitted with required safety features, such as fire alarms and exits. Landlords must make sure the apartments they own meet safety requirements and keep common areas, such as lobbies, hallways, and stairwells, free of dangers and fulfill other safety obligations under Section 27-40-440 of landlord-tenant laws.
Lack of security can also cause injuries, prompting premises liability claims. Concert halls and amusement parks, for example, must have enough security personnel and measures in place to maintain crowd control. Homeowners with private pools or other “attractive nuisances” must keep these features properly secured to prevent curious children from entering unsupervised and drowning or experiencing other harm.
How a Premises Liability Claim Proceeds
Every premises liability case is different. Some are clear-cut, while others leave room for dispute. Sometimes, even those that seem the most clear-cut get mired down in challenges created by the at-fault party.
If your accident occurs at a business or government-owned property, such as a state park, be sure to report it right away. If it happens in a private home, make sure the homeowner is aware of what happened. Then, get prompt medical care, and once your immediate medical needs are met, connect with a premises liability attorney in South Carolina.
Your attorney will review your case to identify the at-fault party and file your premises liability claim with the court. South Carolina Code 15-3-530 gives victims three years to file, but there is no need to wait that long. Prompt partnership with an attorney and prompt filing with the court puts you in the best position to secure a favorable result by giving your attorney time to investigate and gather convincing evidence to prove your claim.
Investigating and Gathering Evidence
Strong cases are constructed on a foundation of solid evidence, and gathering evidence takes time. Depending on the circumstances of your situation, evidence gathering can take weeks or months. Your experienced South Carolina premises liability attorney will likely:
- Conduct interviews with witnesses.
- Gather photo or video evidence, perhaps from bystanders or from security cameras.
- Consult with experts whose specialties relate to your accident–for example, independent security firms or building engineers.
- Review incident reports.
- Speak with your medical team about your injuries, their severity and effects, and your prognosis.
Your attorney will work to compile evidence quickly but does not have complete control of the timeline. They may have to track down witnesses, wait on experts’ schedules, and wait for documents to move through official channels. You can count on your attorney to maintain consistent communication so you are not left wondering about the investigation’s progress.
Negotiating a Settlement
Most often, personal injury cases settle without going to trial. Your premises liability attorney in South Carolina negotiates with the at-fault party’s representatives to come to an agreed-upon settlement amount. Your attorney will take great care in determining a fair personal injury settlement and fight for the highest amount possible.
Some negotiations run smoothly. Your attorney presents a settlement demand, and the at-fault party agrees or, more likely, comes back with a lower counteroffer. Then, each side presents evidence and arguments, but both sides respect the process and come to a decision within a reasonable amount of time–sometimes even a few weeks.
Conversely, the other side can put up roadblocks, cancel meetings, take days or weeks to answer messages, or otherwise slow things down. The Shelly Leeke team is comprised of skilled, strategic, aggressive negotiators. We will work as diligently as possible to keep negotiations running smoothly and secure a substantial settlement.
Fighting in Court
Trials typically take longer than the negotiating process, which is why your premises liability lawyer in South Carolina will work toward an out-of-court settlement. But, if the at-fault party refuses to offer a reasonable, respectful settlement, we will discuss your options with you. If going to court is in your best interests, we will be ready to fight at trial.
Trial timelines can be frustrating. There are different components and court appearances involved with trials, and each comes with its own deadline or court date. Unfortunately, these dates are subject to last-minute changes relating to personnel issues (a judge can become ill, for example), scheduling problems, or other unexpected incidents.
Trial preparation takes time–usually even more time than the trial itself. It may take trials several months or even years to reach the verdict stage. But through each step, your attorney will remain focused on delivering the best outcome possible.
Ready to Fight from Start to Finish
The team at Shelly Leeke will fight for you from the start of your case to its end–however long that takes. We will work to bring your claim to a favorable close as efficiently as possible. If your case is complicated or meets unexpected challenges, we will not give up. Throughout that fight, you can count on your South Carolina premises liability lawyer for support, sound legal direction, and regular communication. Our goal is to fight for your interests, however long that fight lasts.
