A slip-and-fall accident may seem minor at first, but many injuries from these falls can turn into major medical conditions if left untreated. When you fall at a place of business or in a home, the owner may be at fault if they do not keep their property safe. You could seek compensation for your expenses.
If you or a loved one have been hurt by slipping or tripping and falling down, you do not need to face high medical bills on your own. At the Shelley Leeke Law Firm, you can work with a qualified Walterboro personal injury lawyer to learn what options you have to secure financial restitution.
Protecting Your Claim After a Slip and Fall Accident
When you have fallen, you can get disoriented from the unexpected accident and the pain. You may not have your wits about you, but as soon as you feel ready, there are some steps you can take to ensure that you establish a timeline for your fall. Following these recommendations can make it easier for your Walterboro slip-and-fall accident attorney. Our Walterboro personal injury attorneys are ready to fight tirelessly for you.
- Take photos of the location, including any liquids or other objects that contributed to your fall.
- Take photos of your clothing and injuries.
- Call for medical assistance so you can be evaluated by professionals.
- Notify a manager or the owner about your accident, indicating where you fell.
- Complete an accident report for the property if it is a business. Ask for a copy for yourself.
- Accept medical treatment from first responders. If you are significantly injured, take the ambulance to the hospital for further care.
- Follow up with your physician.
- Write down what happened, including as much detail as possible.
- Get copies of your medical records.
- Contact the Shelley Leeke Law Firm to speak with a slip-and-fall accident attorney in Walterboro.
If you cannot take photos or collect records, ask someone to do that for you. Having this information will connect your injury to your accident, giving you a more robust standing to seek restitution if the property owner is found negligent. Without this evidence, they can claim that you hurt yourself somewhere else.
Your attorney can assist you in collecting paperwork and interviewing witnesses for their statements to further support your claim.
How Liability Works for Walterboro Slip-and-Fall Accidents
Slip-and-fall accidents are usually covered under premises liability laws. Where the fall occurred, who owns the property, and your status on that property dictate whether you can proceed with a claim. Property owners, both homeowners and business owners, must adhere to certain legal duties to protect people on their premises.
In South Carolina, there are various visitor statuses that determine the property owner’s duties. These statuses are:
- Invitee: Invitees are there for a business or professional reason, such as a delivery or shopping. The owner owes “ordinary care” to invitees, doing what a reasonable person would in a similar situation.
- Licensee: Licensees are invited to a property for non-business reasons, such as to a party at someone’s home. The owner must also take ordinary care to keep their property safe and warn licensees of any hazard.
- Trespasser: Trespassers are not owed any duty of care by property owners other than not purposely hurting them because they are trespassing.
- Child Trespasser: Children who trespass because of an “attractive nuisance” on the property are owed a duty of care. If a nuisance, such as a pool or play structure, is likely to entice children to enter the property, the owner must secure the property with fencing or other measures.
Determining your status and the duty owed to you can be complicated, despite the legal definition of each status. This is when it is beneficial to rely on the skilled interpretation of your slip-and-fall accident lawyer in Walterboro from the Shelley Leeke Law Firm.
Securing Compensation: Insurance Claim vs. Lawsuit
The first step to seeking payment for your injuries caused on someone’s property is to file a claim against their insurance. Negotiating with insurance representatives can be frustrating, especially if you are unfamiliar with their tactics. While you are recovering, you do not need this added stress, so allow your lawyer to push back until you get the settlement you need.
In some cases, the insurance company will not agree to your demands. When this happens, our team is ready to take them to court to secure your financial recovery. We can often negotiate an out-of-court settlement, but if not, we will litigate aggressively at trial.
For both an insurance claim and a lawsuit, our team will create a solid case using evidence to demonstrate that the property owner was negligent and your injuries are a result of their careless actions. This is why we recommend collecting photos and other information right after your accident since it forms the basis of our arguments to protect your rights. Our professional legal team will also conduct a thorough investigation to create a full picture of what happened and how you deserve compensation.
Potential Value of a Slip-and-Fall Accident Claim in Walterboro
Minor injuries may only take a few days to recover from, but if you are elderly or have a pre-existing condition, you could be in for months of treatment. Many small problems can turn into severe injuries if not treated properly, leaving you with a lifelong disability.
Each case is unique, and your Walterboro slip-and-fall accident lawyer will assess your circumstances to help you estimate your losses. Medical expenses usually form the bulk of a compensation demand, especially if you need significant treatment. These bills can push a claim into hundreds of thousands of dollars very quickly.
In addition to medical expenses, you can claim a variety of economic expenses, including:
- Travel for medical treatment
- Repair or replacement of personal property that was damaged
- Lost income if you cannot work while you recover
- Lost earning potential if you are disabled permanently
- In-home nursing care
- Costs of a rehabilitation facility
Non-Economic Losses
Non-economic losses must also be considered. These include the psychological toll your injuries took on your life. Common losses in this category include:
- Emotional distress
- Mental anguish
- Loss of consortium with your spouse or partner
- Depression or anxiety
- Loss of enjoyment of life
Insurance policies do not usually cover non-economic damages. If your life has been severely affected by your serious injuries, your lawyer may recommend that you proceed with a personal injury lawsuit to recover every penny you have suffered.
Speak with a Slip-and-Fall Accident Lawyer in Walterboro Today
It may take days for the full extent of your injuries to become apparent. If you avoid taking action to protect your rights to claim compensation, you could end up facing tremendous bills that you did not have to pay. Rely on an experienced and fierce Walterboro slip-and-fall accident lawyer from the Shelley Leeke Law Firm to fight for the justice you deserve.
The statute of limitations in South Carolina is only three years after your accident. You must contact a lawyer to file a claim quickly, or you could lose your chance to seek reimbursement from those at fault. Do not wait a moment longer – contact us right now to get started with a free case evaluation.
