In many cases, a hazard warning or quick action to clean up a spill could prevent a slip and fall accident and injuries. If there is evidence in your Charleston slip and fall accident that this should have happened and the owner or occupier knew or should have known of it, we may be able to file a slip and fall claim and hold the property owner or occupier liable for your damages. South Carolina has strict premises liability laws, but we have won settlements and verdicts for clients who suffered injuries in accidents similar to yours.
A slip and fall lawyer in Charleston, SC from George Sink, P.A. Injury Lawyers will review your case for free and can give you their opinion about whether you should pursue compensation based on the facts of your case. We work on a contingency basis, which means you do not owe us anything unless we recover compensation for you.* Call our office today at 843-628-0100 for a consultation with one of our personal injury attorneys.
Damages in a Winning a Charleston, SC Slip and Fall Case
Luckily, most falls only cause relatively minor scrapes and bruises. However, a slip and fall can cause significant injuries and even lasting impairments. These cases are sometimes hard to win, as sometimes insurance companies may not want to take these injuries seriously and pay out to cover the full range of damages the victim sustained.
If we can establish the property owner’s or occupier’s negligence caused your accident, and that they knew or should have known about the condition or situation that caused your injury, we will aggressively pursue a payout that compensates you for the full range of your accident-related expenses and losses. This may include:
- Permanent injuries
- Pain and suffering damages
- Medical treatment and related care expenses
- Ongoing and future care costs, if necessary
- Lost wages and future lost income
- Diminished earning capacity, if applicable
- Repair or replacement of any damaged personal property
Understanding Liability in a Charleston, SC Slip and Fall
We handle slip and fall injuries that occur in almost any location. In some cases, we have clients who need help paying bills but worry about upsetting a friend or neighbor because the injury happened at their house. In other situations, we have clients who want to hold a store or restaurant manager accountable for acting carelessly and causing their injuries.
Under South Carolina law, a property owner is not liable for your slip and fall injuries unless we can prove they acted negligently and caused — or failed to prevent — your injuries if they knew or should have known about the condition or situation that caused your injury. To win an insurance settlement or court verdict in this type of case, we need to prove the property owner, manager, or staff member:
- Knew about or should have known about the fall hazard and took no action to prevent your fall; or
- Created the unsafe condition they knew or should have known about, often by failing to clean up a spill or tracked-in liquids; or
- Should have known about the hazard, even if they deny knowing about the slick floor or another fall hazard
Common situations that cause fall injuries which support a premises liability claim or lawsuit include:
- Spills, often of drinks or food in restaurants
- Torn carpets or loose or cracked tile
- Items left in the walkway
- Uneven walkways
- Dangerous stairways, often with broken railings
- Cracks in sidewalks and other types of pavement
- Poor lighting, especially on stairs, ramps, or other uneven floors
Fighting for Compensation in Your Charleston Slip and Fall Case
Our team will thoroughly investigate your slip and fall accident, reviewing the facts and perhaps video of the incident if available, interviewing witnesses, and discussing your case with medical experts to better understand your prognosis. Once we have the evidence necessary to build a strong case, we can take action to try to recover compensation on your behalf.
Filing an Insurance Claim Based on Your Slip and Fall Accident Damages
In most cases, we first attempt to negotiate a settlement with the appropriate insurance company. The insurance company in question will depend on where your accident occurred:
- If you slipped and fell at your neighbor’s house, we would file your claim and negotiate a settlement with your neighbor’s homeowner’s or renter’s insurance policy.
- If you fell at a restaurant, grocery store, or another public place, we would file and negotiate with the corporation’s business liability insurance carrier
We usually begin this process by sending a demand letter to the insurance company. This letter outlines our case against its policyholder and describes the nature and severity of your injuries and the value of your full range of damages. In most cases, this letter opens the door for the negotiation process. We often are able to reach a settlement during negotiations. You will get the final say in whether we accept any offer, although we will offer advice about what a fair amount of compensation will look like.
Filing a Personal Injury Lawsuit in a Charleston Slip and Fall Case
If the insurance company refuses to offer a fair settlement, we will file a personal injury lawsuit in a South Carolina civil court. We will represent you to the court and ask the judge to hand down a verdict that offers fair compensation for your damages.¹
Talk to a Slip and Fall Lawyer in Charleston, SC About Your Fall Injury
The premises liability team from George Sink, P.A. Injury Lawyers understands the complex laws that apply in slip and fall cases. We can explain your rights and whether you have a strong case to file for compensation. Our Charleston slip and fall attorneys offer free case reviews and handle these cases on a contingency basis. You will not owe us compensation unless you win your case.*
Call our Charleston office today at 843-628-0100 to talk to a member of our premises liability team about your fall.