Did you have a Slip and Fall Accident in South Carolina? Here’s how to prove it.
Slip and fall accidents result in 8 million ER visits annually. For something that sounds so minor, there can be serious repercussions. Missed work, mounting medical bills, and serious injuries can change the course of your life. Thankfully, civil court can provide some recourse for those injured because of someone else’s negligence.
Slip and Fall Accidents and Civil Court
Slip and fall accidents fall under personal injury law. Because of their prevalence, they are generally the second most popular type of civil case after car accidents.
The injured party, also known as the plaintiff, makes a claim against the defendant, the person they believe to be responsible for their accident. But how do they prove their case? After all, it isn’t like a criminal case where there may be a police report of multiple witnesses willing to take the stand.
Proving Liability in a Slip and Fall Accident
In order for a claim to be successful, a judge or jury must find that the defendant was liable for the plaintiff’s injuries. There are three ways a South Carolina personal injury lawyer can prove liability.
If the defendant knew of a potential problem (uneven flooring, a leak that is causing a wet spot, a broken ladder, etc.) and failed to fix the problem or take reasonable safety precautions, then they may be liable for the plaintiff’s injury.
If the defendant did not know about the potential problem but should have and another person in their shoes would have been aware of the problem, then they may be liable.
If the defendant caused the accident through negligence (willfully or unknowingly; perhaps by leaving items in a known walkway), they may be liable.
Basically, a jury or judge must be convinced that the defendant was negligent, that their negligence led to your accident, and that you suffered sufficiently to be compensated for your injuries. In addition, your role in the accident will also be investigated. Was there a “wet floor” sign that you missed? Should you have known that the floors had just been waxed?
Does it Matter Where I Slipped and Fell?
The location of your accident can provide you with different legal options. If you suffered a slip and fall accident at work, you may be eligible for worker’s compensation and short-term disability pay.
If you suffered a slip and fall while shopping or on someone else’s property, they may have property liability insurance to protect themselves (and cover your medical costs) in case someone is hurt on their land.
Regardless of where your accident occurred, if your medical needs are not being met by worker’s compensation or an insurance payment, speaking with a South Carolina slip and fall lawyer can help you better understand your options and hopefully help dig you out from beneath a mountain of medical bills.
Choosing the Right South Carolina Slip and Fall Attorney
One of the biggest decisions you can make after deciding to pursue legal action is securing counsel. Consulting with a South Carolina personal injury lawyer shouldn’t feel like a chore. Rather, you should feel like you have someone in your corner. Someone who’s willing to fight for you and that has the necessary skills and knowledge to give you a better chance at a positive outcome.
When you consult with a South Carolina personal injury lawyer, make sure you feel comfortable. You need to trust your lawyer and feel like they have your best interest in mind. Your personal injury case can have many future ramifications for you and your family. Consult with a law firm with a proven track record of success.