What You Need to Know about Slip and Fall Accidents
Have you or someone you know been injured in a slip and fall or trip and fall accident? You may have questions about your rights and options. Read on to consider some of the facts about slip and fall accidents and what you can expect in pursuing your claim, if you choose to do so.
There Are Many Types of Slip and Fall Cases
As you may have guessed, there are numerous ways to slip, trip, and fall. Some cases take place on premises where people are invited to come, like a shop. Others occur in the workplace instead. Still others occur on private property. Each of these cases has specific facts and considerations that make them particularly complex. An attorney with experience in slip and fall accidents can help you determine the facts of your case, whether you may have a claim, and how to pursue it.
There’s a Time Limit
Many states have what’s called a statute of limitations, or a rule laying down a deadline for when you must file your slip and fall claim. South Carolina has a statute of limitations as well. You must file your claim within three years. Interestingly, this deadline applies to any case requesting a civil remedy for any death, personal injury, or damage to personal property. This means that no matter the type of damage you suffered in your slip and fall case, for instance, no matter whether you injured yourself or just damaged your property, you have three months from the incident to file your case.
If you don’t get your claim in by the deadline, the opposing side will try to have your case dismissed on the grounds that you did not meet the statute of limitations in filing. However, even if it has been more than three years, do not hesitate to contact an attorney to assess your case; in some rare situations, the statute of limitations clock may “toll”, or pause, giving you more time to get your claim going.
You Might Be Partially at Fault
If you pursue a slip and fall claim, it is possible that the opposing side will argue that you were at fault, partially or entirely, for your injuries or property damage. This is a common tactic in personal injury cases. But if a court finds that you were at fault, any damage award or compensation you receive may be decreased by the percentage of fault assigned to you. For instance, if you were awarded $100,000 but were determined to be 10% at fault for your injury, your award will be reduced by 10%. This is called comparative negligence, and affects all cases in South Carolina.
You Need a Good Attorney
Many attorneys will line up to take your slip and fall case. However, the best attorney for your case is one with experience in slip and fall cases. You can contact a Columbia slip and fall attorney with experience at The Stanley Law Group. Call 803-799-4700 and set up a consultation today.