Results & Settlements
- Featured Cases, Premises Liability
- Featured Cases, Premises Liability
- Featured Cases, Premises Liability, Slip & Fall
- Premises Liability
- Premises Liability
- Premises Liability
- Premises Liability
- Premises Liability
Hughey Law Firm’s Results in Slip and Fall Accident Claims
- $497,500 for a client who suffered falls and a broken hip at a nursing home.
- $440,000 for a client who suffered falls and a broken arm at a nursing home.
- $435,000 for a client who fell over a rolled floor mat at a restaurant.
- $425,000 for a client who broke an ankle in a slip and fall accident.
- $415,000 for a client who suffered a fall on the stairs at church.
- $415, 000 for a client who suffered injuries falling on stairs without a handrail.
- $375,000 for a client who fell on a hazardous sidewalk.
- $215,000 for a client who needed surgery after suffering a fall at a nursing home.
- $200,000 for a resident who needed hip surgery after a slip and fall accident in a nursing home
Common Hazards that Lead to Slip and Fall Accidents
The South Carolina Department of Health and Environmental Control (DHEC) estimates that one-third of those over age 65 fall each year, and many suffer hip fractures as a result. These falls result in more than 7,000 hospitalizations and 25,000 emergency room visits in South Carolina each year.
- Wet and dry spills or product use including water, food, oil, grease, powders, sawdust, hay, and more
- Heavily polished tile, marble, and wood floors
- Falling debris and uncleared trash
- Broken or malfunctioning escalators
- Rotten wood on steps and stair rails
- Broken floorboards in old buildings
- Loose carpeting and broken tiles
- Uneven walking paths and sidewalks
- Poor lighting in stairwells and parking lots
Risk Factors That Make People More Prone to Slip and Fall Accidents
Along with dangerous conditions and preventable hazards, other factors also contribute to the likelihood of experiencing a slip and fall accident. According to the South Carolina Department of Health and Environmental Control (DHEC), three risk factors increase the chances that a person falls and suffers injuries. They are:
Experiencing an unintentional fall can be an emotionally traumatic event. Some people develop a severe phobia of another fall. Additionally, the Centers for Disease Control and Prevention (CDC) report that people who experience one fall are twice as likely to fall again.
Slip and Fall Accidents Lead to Multiple Types of Injuries
Victims of slip and fall accidents can suffer a wide array of injuries that range from mild to fatal. Some common slip and fall accident injuries include:
- Broken bones, particularly in the arms and wrists as people try to break their fall
- Fractured hips
- Sprains, strains, tears, and other soft tissue damage to muscles, ligaments, and tendons
- Traumatic brain injuries (TBI), which can be mild and or severe and lead to chronic issues with pain, cognitive functions, and motor skills.
- Spinal cord injuries
- Psychological trauma, especially for older adults who suffer injuries in a slip and fall accident.
No matter how serious your injuries appear at the time of the slip and fall accident, you need to get a medical evaluation as soon as possible. Some injuries do not present symptoms immediately, but you need to get medical attention to make sure there are no underlying issues that could cause problems later, and you will need documentation that you sustained an injury and received treatment to file a slip and fall accident injury claim.
Visitor Status in South Carolina Slip and Fall Accident Cases
South Carolina law has four classifications for people who go onto another party’s premises: trespassers, invitees, licensees, and children. Property owners have different duties of care based on visitor status. Here is a broad view of how each visitor status impacts a landowner’s potential liability in a trip and fall accident case:
Common Defense Tactics for Property Owners in Slip and Fall Cases
- Argue you were trespassing when you fell.
- Argue you were in a prohibited or restricted area of the property.
- Argue you ignored posted warnings and verbal warnings about the hazard or dangerous condition that led to your slip and fall.
- Argue you were distracted by your cell phone, another person, food, or some other common distraction that caused you to overlook the obvious danger in your path.
- Downplay the severity of your injuries and argue that you or your doctor are claiming your injuries are worse than they are.
- Argue you did not injure yourself on the property because you had preexisting injuries.
- Argue you were not at the location where you claim the slip and fall accident occurred.
- Argue that any other reasonable visitor would have noticed the dangerous condition and gone out of their way to avoid it.
Recovering Compensation After a South Carolina Slip and Fall Accident
- Medical bills and treatment expenses, including ambulance rides, emergency room visits, hospital stays, surgery, follow-up care, diagnostic imaging, prescriptions, and travel to and from the hospital/doctor.
- Rehabilitation costs such as physical therapy, occupational therapy, and mental health services.
- Expenses for assistive devices such as wheelchairs or canes.
- Estimated future medical treatment costs when a slip and fall accident causes a permanent injury requiring ongoing care.
- Lost wages for missing work if applicable.
- Estimated future lost wages for catastrophic slip and fall accident injuries.
- Physical and emotional pain and suffering.
- Decreased quality of life.
- Loss of consortium with a spouse if applicable.
- Punitive damages, if the property owner intentionally caused harm.
Get the Legal Help You Need from a South Carolina Slip and Fall Attorney
Coping with the emotional and economic aftermath of a serious injury can be frustrating and difficult. You should not have to feel overwhelmed and mentally exhausted on top of the physical pain you have experienced from a slip and fall injury. A South Carolina slip and fall accident lawyer can guide you through the fall injury claims process and help you recover damages. Contact Hughey Law Firm at (843) 881-8644 for a free case evaluation. Let us work to help you get the compensation you deserve, from a settlement or jury verdict in your favor.
Frequently Asked Questions
How Frequently Do Slip And Fall Accidents Happen?
Slip and fall accidents result in over 800,000 hospitalizations each year in the United States, and one in five falls causes a serious injury. The elderly are especially susceptible to injury from falls, and each year three million older people are treated in emergency departments for fall injuries. In fact, more than 95 percent of all hip fracture injuries are the result of a fall. Slip and fall injuries come with significant economic impact as well, with a recent year’s medical costs totaling more than $50 billion.
In South Carolina, fall-related injuries among older adults result in nearly 7,000 hospitalizations and 25,000 emergency room visits each year. The numbers, however, are significantly higher in some years. In one year, there were 417 deaths, 17,471 hospitalizations, and 134,448 emergency department visits from falls in South Carolina. Non-fatal injuries result in over $1.2 billion in hospital and emergency department charges annually in South Carolina, and fatalities from falls result in another $103 million in lost productivity and medical costs.
Who Is Responsible If I Fall At Work In South Carolina?
If the fall happened at work in the scope of your duties as an employee, your lawyer could hold your employer responsible for your injuries. Your attorney will not need to show that the employer acted negligently, and recovery will be managed through the South Carolina Workers’ Compensation Commission. Be sure to immediately report an on-the-job injury to your employer and request medical treatment. You risk losing benefits if you do not report the claim within 90 days of the injury. It is important to follow all administrative requirements to secure and retain your workers’ compensation benefits. A lawyer could assist you with filing your claim, advocating for your recovery, and appealing any adverse decisions.
Independent contractors are not eligible for workers’ compensation and must demonstrate negligence to recover for their injuries. If the independent contractor establishes negligence, they are potentially eligible for recovery of damages not available through workers’ compensation, such as emotional distress.
An independent contractor is free to control and direct their own work.
Factors used to determine this include:
- Any direct evidence of the right or actual exercise of control by the employer;
- Method of payment;
- Which party furnishes equipment; and
- If the party has a right to fire the individual.
Work with your attorney to analyze your status as an employee or independent contractor and to understand how this could affect your ability to recover from your workplace injury.
Should I Accept A Settlement Offer For My South Carolina Slip And Fall Accident?
The defendant or their insurance provider is likely to make one or more settlement offers before the case goes to trial. Settlement offers allow for a speedier resolution to the matter and provide a guaranteed recovery. However, they may be for an amount significantly below the full extent of your damages.
Work with your lawyer to analyze any settlement offer, taking into account the full scope of your damages and the strength of the evidence against the defendant.
How Long Do I Have To File A South Carolina Slip And Fall Lawsuit?
Plaintiffs must file any lawsuit for recovery of damages after a South Carolina slip and fall accident within three years of the accident. This is called the statute of limitations, and the clock begins ticking when the victim is injured. While three years sounds like a lot of time, it will pass quickly as you manage your injuries, secure evidence of the plaintiff’s negligence, and prepare a damages demand and court documents with the help of a lawyer.
Contact an experienced slip and fall attorney as soon as possible after your accident so that you do not lose your opportunity to recover damages for your injuries.
How Could An Attorney Help Me Obtain Damages For My South Carolina Slip And Fall Injuries?
Yes. A lawyer can be a valuable partner as you seek to recover damages from your slip and fall injuries. Your lawyer would work with you to analyze the facts of your premises liability case, determine which party is responsible for your fall, compile evidence to support your case, prepare a damages demand, communicate with the defendant and insurance companies, analyze settlement offers, and prepare court documents.
The team at Hughey Law Firm is here to help. Our firm understands the real issues our clients face. If you or a loved one were injured in a slip and fall accident in South Carolina, contact Hughey Law Firm today or through our website to schedule a free initial consultation.