Slip and fall accidents are some of the most common types of personal injury cases in Aiken County and elsewhere in South Carolina. These accidents can occur anywhere—from grocery stores and restaurants to sidewalks and private homes.
When you experience a slip and fall due to someone else’s actions or negligence, you have the right to seek compensation for your injuries. This is where an experienced Aiken slip and fall lawyer comes into play.
While some slip and fall incidents result in minor harm, others can lead to significant physical injuries, like broken bones, head trauma, and long-term disabilities. If you’ve suffered serious harm in a fall that you can attribute to another party’s negligence, you will want to seek legal guidance from an attorney in our office at The Solomon Law Group, LLC.
Understanding What These Injury Incidents Are
Slip and fall accidents are categorized under premises liability law. These are laws that hold property owners and occupiers responsible for maintaining safe conditions for visitors. When an accident occurs because they failed to do so, they can be held financially liable for the resulting injuries.
Some of the most common causes of slip and fall accidents are:
- Wet or uneven surfaces
- Poor lighting
- Loose rugs or carpets
- Unmarked hazards
Aiken slip and fall accidents often happen in public places like shopping centers, restaurants, and parking lots, but they can also occur on private property, like at someone else’s home. When these fall incidents happen, determining who’s at fault can be complicated, requiring proof that the property owner knew about—or should have known about— the hazardous condition and yet failed to address it.
What Does an Aiken Slip and Fall Attorney Do?
A slip and fall lawyer is one that, as their name suggests, specializes in handling these types of injury cases. They have a deep understanding of South Carolina premises liability law and know how to navigate the complexities of slip and fall cases in Aiken County.
The primary role of a slip and fall lawyer is to establish liability.
To do this, they’ll gather evidence, like photographs of the accident scene, witness statements, police reports, and medical records, to show that the property owner acted negligently.
Often, your lawyer will also consult with experts, such as engineers, accident reconstruction experts, or safety inspectors, to strengthen your Aiken slip and fall case as well.
Once the property owner’s liability has been established, your lawyer will work to secure the maximum fair compensation for your injuries. This financial compensation is meant to cover your medical expenses, lost wages, pain and suffering, and other losses related to your injury incident.
Aiken slip and fall attorneys may also negotiate with insurance companies on your behalf. These are for-profit companies that often try to minimize payouts or deny claims altogether in an attempt to protect their bottom line.
Your lawyer will have experience in countering these strategies and protecting your rights.
Proving Negligence Is Responsible for Your Fall
Proving negligence, especially in a slip and fall case, isn’t always straightforward. Your attorney must demonstrate that the responsible party breached their duty of care.
There are four key elements Aiken slip and fall lawyers must prove for you to have a successful claim:
- Duty of Care: The first step is proving that the property owner owed you a duty of care. In South Carolina, property owners must keep their properties reasonably safe for visitors. The specifics can vary depending on the status of the visitor—whether they were an invitee, licensee, or trespasser.
- Breach of Duty: Next, your lawyer must show that the property owner failed in this duty of care. Examples of this include failing to repair a known hazard, not warning about potential dangers, or neglecting standards of maintenance.
- Causation: You must also prove that this breach of duty was the direct cause of your injury. This is called “causation.” If, for example, a property owner knew about a spill but didn’t clean it up and you slipped as a result, this would establish causation.
- Damages: Finally, your attorney must demonstrate that you suffered some form of injury and associated damages as a result of the fall. This proof could include things like medical bills, lost income, and noneconomic damages like pain and suffering.
A skilled Aiken slip and fall lawyer will meticulously gather and present evidence to support all four of these requirements, ensuring that you have the best possible chance of recovering compensation.
The Importance of Acting Quickly If You’re Seriously Hurt
Time is of the essence in slip and fall cases. In South Carolina, the statute of limitations for personal injury claims is generally three years from the date of the accident. This means that you have three years to file a lawsuit against the negligent party responsible for causing your injuries.
If you don’t file within this timeframe, you could lose your right to seek compensation. So, the sooner that you contact a slip and fall lawyer, the better.
Prompt action allows your lawyer to gather crucial evidence before it is lost or destroyed. It also allows your lawyer to talk with any witnesses while their memories are freshest. Delays can weaken your case and make it more difficult to prove liability.
Recovering Compensation in Slip and Fall Cases
How much compensation can be recovered in a slip and fall case will vary depending on the severity of your injuries and the exact circumstances of your accident. In general, compensation in these cases is divided into two categories: economic and noneconomic damages.
Economic damages cover material losses, like medical bills, rehabilitation expenses, and lost wages.
These financial damages are fairly straightforward to calculate, as they’re based on actual expenses and monetary losses suffered by the injured party.
Noneconomic damages, however, can be more subjective and more challenging to quantify. These can include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. In severe cases where injuries result in long-term disability or disfigurement, noneconomic damages can be substantial.
Why You Need an Aiken Slip and Fall Lawyer
Making your way through the legal system on your own after a slip and fall accident can be both confusing and overwhelming, especially when you’re recovering from your injuries at the same time.
A skilled slip and fall lawyer can provide the expertise and support needed to pursue a successful claim.
At The Solomon Law Group, LLC, our attorneys understand the nuances of premises liability law and have successful experience in handling cases like yours. They’re experts at gathering and presenting evidence, negotiating with insurance companies, and, when necessary, taking cases to trial. Working with an Aiken slip and fall lawyer lets you and your family focus on recovery while we handle the legal aspects of your case.
Slip and fall accidents can result in serious injuries and significant expenses.
If you or a loved one has been injured in a slip and fall accident in Aiken, you must seek legal representation as soon as possible. By taking timely action and working with a skilled attorney, you can protect your rights and secure the financial support needed to move forward.
Contact us today for a free consultation.