Slip-and-fall accidents can happen anywhere and to anyone. Whether in a grocery store, a hotel, a restaurant, or even on a public sidewalk, these accidents can result in serious injuries such as broken bones, head injuries, and back injuries. Sometimes, these injuries can be life-altering and require ongoing medical care.
Victims of these kinds of injuries come to Shelly Leeke Law Firm for a Beaufort personal injury lawyer. Our team deeply understands the laws governing these cases and knows how to navigate the legal system to achieve the best possible outcome for our clients.
Recoverable Damages in Beaufort Slip-and-Fall Accident Cases
In a slip-and-fall case in Beaufort, the damages may be recoverable depending on the specific circumstances of the case and the extent of the injuries suffered by the victim. Generally, the following types of damages may be recoverable in a slip-and-fall case:
- Medical expenses: This includes the cost of all medical treatment, including emergency room visits, hospitalization, surgery, medication, rehabilitation, and any other related expenses.
- Lost wages: If the victim is unable to work due to the injuries suffered in the slip-and-fall accident, they may be able to recover the wages they lost due to the injury.
- Pain and suffering: This includes the physical pain and emotional distress the victim experiences due to the slip-and-fall accident.
- Property damage: If any personal property was damaged in the accident, such as clothing, eyeglasses, or a mobile phone, the victim might be able to recover the cost of repairing or replacing the damaged property.
- Punitive damages: In some cases, a victim may be awarded punitive damages intended to punish the responsible party for particularly egregious behavior.
It’s important to note that the damages recoverable in a slip-and-fall case can vary widely depending on the case’s specifics. Consult with an experienced Beaufort slip-and-fall accident lawyer who can evaluate your case and help you understand your legal options.
How Comparative Negligence Impacts Beaufort Slip-and-Fall Claims
Under the comparative negligence doctrine, the victim’s recovery of damages may be reduced by the percentage of their own fault in causing the accident. For example, if the victim is found to be 30% at fault for the accident, their recovery of damages would be reduced by 30%. This means that if the total damages were $100,000, the victim would only be able to recover $70,000 (70% of the total damages).
It’s important to note that in South Carolina, there is a “modified comparative negligence” rule in place, which means that a victim will be barred from recovering any damages if they are found to be more than 50% at fault for the accident. If you have been involved in a slip-and-fall accident in Beaufort, it’s important to consult with an experienced slip-and-fall accident attorney in Beaufort who can evaluate the specific circumstances of your case and help you understand your legal options.
Common Slip-and-Fall Injuries
According to the National Floor Safety Institute, slip-and-fall accidents are the leading reason for workers’ compensation claims and occupational injury for people 55 and older. Slip-and-fall accidents can result in many injuries, from minor bruises to severe and life-threatening injuries. Some common injuries that may result from a slip-and-fall accident include:
- Traumatic brain injuries (TBI): When the victim’s head hits the ground, they may suffer a concussion, skull fracture, or other serious head injuries that can result in a TBI.
- Broken bones: Slip-and-fall accidents can result in fractures of the wrist, arm, ankle, leg, hip, or other bones in the body.
- Back and spinal cord injuries: A slip-and-fall accident can cause injuries to the spinal cord, resulting in paralysis, numbness, or weakness in the limbs.
- Soft tissue injuries: Slip-and-fall accidents can also result in soft tissue injuries such as sprains, strains, and contusions.
- Cuts and lacerations: Victims of slip-and-fall accidents may also suffer cuts and lacerations from sharp objects or jagged surfaces.
- Emotional and mental distress: Slip-and-fall accidents can also result in emotional and mental distress, including anxiety, depression, and post-traumatic stress disorder (PTSD).
According to the Centers for Disease Control and Prevention, slip-and-fall accidents are the leading cause of traumatic brain injuries in the United States. Seek medical treatment immediately after a slip-and-fall accident, even if you don’t feel like you’ve been seriously injured.
Prompt medical attention can help ensure that any injuries are diagnosed and treated properly. Additionally, seeking medical attention can help establish a record of your injuries, which can be important if you decide to pursue legal action.
Proving Liability in a Slip-and-Fall Case
To prove liability in a slip-and-fall case in Beaufort, the plaintiff (the person who was injured) must establish that the defendant (the property owner or occupier) owed a duty of care to the plaintiff, that the defendant breached that duty of care, and that the breach caused the plaintiff’s injuries. The following are some steps to prove liability in a slip-and-fall case:
- Establish that a duty of care existed: The property owner or occupier has a legal duty to maintain their property reasonably safe and prevent slip-and-fall accidents.
- Demonstrate that the duty was breached: The plaintiff must show that the property owner or occupier breached their duty of care by failing to address a known hazard or taking reasonable steps to prevent a slip-and-fall accident.
- Show that the breach caused the plaintiff’s injuries: The plaintiff must demonstrate that the defendant’s breach of duty caused the slip-and-fall accident that resulted in the plaintiff’s injuries.
- Provide evidence: Evidence is crucial in proving liability in a slip-and-fall case. This may include photographs of the accident scene, witness statements, medical records, and other relevant documentation.
- Consult with an experienced slip-and-fall attorney: Slip-and-fall cases can be complex and challenging to prove, so it’s essential to have an experienced attorney who can provide guidance and representation.
By proving liability, the plaintiff may be entitled to recover compensation for their injuries and other damages resulting from the slip-and-fall accident. An experienced slip-and-fall accident lawyer in Beaufort can help assess the strength of your case, gather the necessary evidence, and represent your interests in negotiations or court.
Contact Shelly Leeke Law Firm for a Beaufort Slip-and-Fall Accident Attorney
At Shelly Leeke Law Firm, we understand that slip-and-fall accidents can be a traumatic experience, and we are here to help you through this difficult time by providing you with the Beaufort slip-and-fall accident attorney you need. We offer compassionate support and guidance every step of the way, keeping you informed and updated throughout the legal process. Contact us today.
