If you have been injured as a result of a slip and fall accident on another individual’s commercial or residential property in Myrtle Beach, it could make sense for you to explore the options that you have for receiving financial compensation for the losses you have suffered. This is particularly the case if negligence on the part of the property owner played a role in the accident.
If you are wondering how to file a slip and fall claim in South Carolina, the following information is designed for you. Before going further into detail about this topic, you need to understand some specifics about South Carolina’s slip and fall statute of limitations.
South Carolina’s Slip and Fall Statute of Limitations – Code Section 15-3-530
Many South Carolina laws can affect a lawsuit that you wish to file over a slip and fall accident. A couple of the most important rules are the statute of limitations deadline for filing a slip and fall case with the courts and the “comparative negligence” rule. The latter can limit your ability to receive compensation for your accident if you bear some amount of responsibility for it. Even if you feel that you have a clear slip and fall case that will lead to an out-of-court settlement, you still need to keep these state laws in mind.
- The term statute of limitations refers to a law that puts a time limit on your right to have a lawsuit heard by the civil court system of the state of South Carolina. Time limits vary depending on the type of case you are looking to file.
- The statute of limitations that applies to South Carolina slip and fall cases is nearly identical to the one that applies to other types of personal injury cases. State code 15-3-530 provides you three years to ask the state’s courts for a civil settlement for any personal injury, property damage or death.
- If you plan to file a lawsuit against a South Carolina property owner or another defendant who is responsible for the unsafe conditions that led to your injury, you must get the initial court complaint filed within three years of the accident happening.
What Do You Do After Suffering a Slip and Fall Accident?
To fully understand how to file a slip and fall claim, it is important to understand all of the steps that need to be taken after you suffer an accident. There are 4 key actions that you need to take as quickly as possible after your accident. They include:
Get Medical Attention Right Away
Getting medical assistance immediately following a slip and fall accident is imperative. You should have any injury issues thoroughly checked out by a medical professional so that their extent can be determined and you can be appropriately treated. Beyond the importance of getting medical attention immediately for your own well-being, the documentation of your examination also plays a role in any slip and fall case that you wish to bring forward.
Gather Information Related to Your Fall
Gathering as much information as you can about your slip and fall accident is crucial in terms of filing a case. It is important to remember that all on-premises liability carries with it a duty of care.
Contact the Authorities So You Can Make a Report
Contacting the authorities to make a report is also crucial when talking about how to file a slip and fall claim in South Carolina. When doing this, you should keep the following points in mind:
- Speak to the person in charge at the location where you were injured. This could be a manager, the property owner, or your boss in the case that you fell at work. It is important to let someone with authority over the site know that an accident has occurred and you have been injured.
- Follow the accident procedure for the company. Most companies have in place specific policies regarding the reporting of accidents. It is important to follow the required steps.
- Fill out and then sign the accident/incident report. Documentation for a slip and fall should include the date, time, and location.
- Take photos of the location of the slip and fall accident so that there is visual evidence of any unsafe conditions that were present.
- Take photos of your injuries themselves. You will want to take as many pictures as necessary to accurately demonstrate your initial injury as well as follow-up images to demonstrate any worsening conditions.
File Your Legal Claim for Financial Compensation
At this point, it is time for you to file your legal claim for compensation for the injuries and losses you have suffered as a result of your accident. It is important to remember that having professional legal advice is essential during this process. Businesses both big and small are routinely targeted by fraudulent slip and fall claims and will have legal professionals working on their side. You need to have the services of a qualified and experienced Myrtle Beach slip and fall lawyer in your corner if you know that you were injured due to negligence on the part of a property owner/business.
You can expect an attorney to interview you about the incident to make a professional assessment of whether or not you have a legitimate claim. During this interview, you will want to have all of your notes related to the incident on-hand.
An attorney will want to ensure that any negligence on your part can be ruled out before agreeing to take your case. If you hurt yourself in a parking lot after going over a patch of broken concrete the owner failed to repair while wearing rollerblades, your chance of having a winning case is slim. If the same accident occurred while you were wearing a pair of sneakers, your chances of putting together a winning case are much greater.
Call our Experienced Slip and Fall Legal Team, Today
There is an extensive amount of research, investigation, and preparation that goes into the successful filing of a slip and fall injury claim. Once you are ready to take action, you should immediately contact your Myrtle Beach slip and fall lawyer here at Jebaily Law Firm.