How to File a Slip and Fall Injury Claim in Charleston
Slip and fall accidents happen every day, and sometimes it’s the negligence of another party that causes them. If you find yourself in this situation, it’s important to know what steps to take so you can file a claim.
Collect Evidence
One of the first steps towards filing a slip-and-fall injury claim in Charleston is to collect evidence as soon as possible. This includes taking pictures of the accident scene, clothes worn, and the injuries sustained. It is important to document everything as it will aid in building a strong case against the property owner or management company.
Additionally, you should obtain a history of any complaints made about the dangerous condition. This could help prove negligence on behalf of the property owner.
Contact a Personal Injury Lawyer
In the aftermath of an accident, it’s important to promptly seek advice from an experienced personal injury attorney. A lawyer can assess the situation and offer comprehensive advice on what to do next.
Determine Liability
Next, you need to determine who is responsible for the accident. In general, the property owner is typically liable for any careless conduct that causes the injury. In some instances, liability for an accident isn’t always straightforward or solely attributable to one party. For instance, other parties might play a pivotal role in an incident’s cause, such as independent contractors or maintenance personnel. It’s important to identify all potentially responsible parties before filing your claim.
Calculate Damages
To file a claim, you need to identify your damages. This typically includes medical expenses, lost wages, pain and suffering, and property damage. It’s critical to calculate your damages accurately to determine the appropriate compensation amount.
File the Claim
Once you gather evidence and medical documentation of your injuries and treatment expenses, you can file a claim with the responsible party’s insurance company. The insurance company will review the documentation and make you an offer.
Discuss Further Legal Action
If the settlement negotiations fail to yield a fair compensation package, further action may need to be taken – like filing a lawsuit. If your case goes to trial, a judge or jury will determine liability and compensation. Your slip and fall accident lawyer will represent you and advocate for a favorable outcome.
Receive Your Compensation
If you win your case or negotiate a fair settlement, you will receive your compensation. The payment may cover medical expenses, lost wages, pain and suffering, and other damages you suffered due to the slip and fall injury.
Understanding Duty of Care in a Charleston Slip and Fall Claim
One last thing to understand is that whether a property owner is liable for your injuries will depend on what “class” of person you are when you are on the property. There are three classes of visitors:
Invitees are those who are on the premises for the benefit of the property owner, such as customers in a store. Property owners owe invitees the highest degree of care, meaning they must locate and fix (or provide a warning about) any dangerous conditions on the premises. This includes both hidden dangers and issues that the owner knew or should have known about.
Licensees are individuals who are on the premises with the owner’s permission, such as social guests or repair workers. Property owners owe licensees a duty to use reasonable care when conducting activities on the land so as not to harm the licensee. They must also warn the licensee of any concealed dangerous conditions or activities that the owner knows about or should have known about.
Finally, trespassers are individuals who are on the premises without permission from the owner. Property owners owe trespassers a duty to not willfully injure them.
For help after a slip and fall accident in South Carolina, contact us to schedule a free consultation.
