You may slip, fall, and get hurt on someone else’s property. When you do, you may be eligible to request damages to cover your injury-related costs. A North Charleston personal injury lawyer may be able to help you file a claim against the party responsible for your injury.
At the Shelly Leeke Law Firm, we understand the dangers associated with slip-and-fall accidents and injuries. Our North Charleston slip and fall accident lawyer can review your case and determine whether now is the right time to file a lawsuit. Contact us today to get started.
Slip and Fall Accident Liability
You may trip and fall in a parking lot, at someone’s home, and at many other locations. When this happens, you may not be accountable. This is due to the fact that a property owner is legally responsible for maintaining a safe space.
For example, you may visit a grocery store and slip and fall while you are shopping. The store is responsible for providing guests with a safe environment. If your injury is the result of a slick floor or other hazards, you may be able to hold the store accountable for it.
There are times when someone may trespass on another property but still be eligible to seek damages as part of a premises liability claim. For instance, a child may be drawn to a swimming pool, playground equipment, or another attractive nuisance on someone’s property. If the child gets hurt on the property, their parent may be able to seek damages from the owner.
What to Do After a Trip and Fall Accident
Following a tripping and falling accident, it is recommended to visit a doctor. At this point, a doctor can evaluate your injury and determine its severity. Most importantly, you can take the first steps to treat your injury.
From here, depending on your injuries, you may want to seek out a slip-and-fall accident attorney in North Charleston. The lawyer can review the facts surrounding your accident. They can help you determine if you have a legitimate claim for damages.
The Shelly Leeke Law Firm has helped many clients achieve outstanding personal injury case results. Our North Charleston slip and fall accident attorney can help you decide if now is the right time to file an injury claim. For more information, contact us today.
Slip and Fall Accident Claim Statute of Limitations
You may have up to three years to seek compensation from anyone responsible for your slip and fall accident and injury, per South Carolina’s statute of limitations. A slip-and-fall accident lawyer in North Charleston can help you file your claim right away. Otherwise, if you wait more than three years from the date you suffered your injury, you may lose the opportunity to pursue damages.
You may be eligible for economic and non-economic damages in your injury case. A judge or jury may award economic compensation for quantifiable losses like medical bills and lost wages. Non-economic damages are based on pain, suffering, and other subjective losses.
How much your case is worth depends on the severity of your injury and other factors. Your lawyer may encourage you to request economic and non-economic compensation. They will also help you gather a wealth of evidence so you can show a judge or jury you deserve the most damages possible.
Slip and Fall Case Evidence
Medical records, accident scene photos and videos, and other forms of proof may be used to build your case against an at-fault party. Your attorney may consider a wide range of evidence. They may also use a variety of resources as they work with you to prepare your argument.
Along with evidence, your lawyer will focus on ways to show the at-fault party was negligent. They will help you craft an argument that explains this party had a legal obligation to act in a reasonable manner toward you and chose to violate this mandate. In addition, your lawyer will illustrate that your accident and injury are the result of this party’s decision to breach their duty of care, and you are now dealing with damages as a result.
Just because you have proof and have developed an argument to support your case does not automatically mean you will be awarded damages. The defendant in your litigation may commit time and resources to find ways to dispute your argument. If they succeed, they may be able to convince a judge or jury you are partly or fully responsible for your accident and injury.
Comparative Negligence in a Slip and Fall Case
There are negligence laws in South Carolina that may apply to your slip and fall case. According to these laws, you may be found partly responsible for an injury you suffer. If this happens, you may be eligible for only a portion of the damages you initially requested or no compensation at all.
A judge or jury may award you a fraction of the damages you request if you are determined to be 1-50% at fault for your injury. As an example, a judge or jury may say you are 10% liable for your slip and fall injury. As such, the defendant will have to pay you 90% of the damages you originally requested.
There are cases where plaintiffs are found to be more than 50% at fault for their slipping and falling injuries. If you are determined to be primarily liable for your slip and fall injury, you may be ineligible for damages. A judge or jury may not require the defendant to pay you any damages, and you will be solely responsible for your injury-related losses.
Get in Touch with a North Charleston Slip and Fall Attorney
The team at the Shelly Leeke Law Firm understands the legal challenges you may face when you pursue compensation in a slip-and-fall accident case. Our North Charleston slip and fall accident lawyer can help you address these challenges and put you in a position to secure damages. Contact us today to schedule a free case consultation.
