Charleston Slip and Fall Case Process
Slip and fall cases in Charleston are typically cases in which a patron entered the premises of a business for the purpose of purchasing a good or service, and has fallen. If there is a hazard in the store that the injured person can prove that the store owner either knew about or should have known about and failed to either correct the hazard, or warn others about, then the individual has grounds for a premises liability or slip and fall case. In that instance, the next step in the Charleston slip and fall case process would be to contact a knowledgeable slip and fall attorney. If you have sustained injuries after falling inside of a store, consult with a determined lawyer who can make sure your rights are protected.
Process of a Case
Slip and fall cases in Charleston are much tougher than average negligence cases, and they require that the person proves that the store owner even knew or should have known that a hazard existed and that is difficult. One way of proving that would be showing someone else who had gotten hurt in that same place. Or if there is a sweep log for example, if it is a grocery store, an attorney would want to look at that because it is an employee-maintained record of how often they go up and down the aisles to inspect the premises.
It is not recommended to try and handle the process of a Charleston slip and fall case without a lawyer. The process is often a little bit arduous and requires some in-depth knowledge of the law. May people think that if a person gets hurt on a store then the store is liable but the process is a little more involved than that. The process, if the attorney is able to settle the case, requires gathering up the evidence to prepare a demand package. If the lawyer is not able to settle the case and a lawsuit needs to be filed, that is a whole other package.
There are not many parties involved in a slip and fall case. The injured person would be the plaintiff and the defendant would be the business where the injury occurred, there are also other players, there is the liability carrier for the store, but in South Carolina, liability carriers are not named in lawsuits against their insurers.
Where Will a Slip and Fall Case Be Heard?
In slip and fall cases in Charleston where the damages are $7,500 or less, cases are heard in magistrate’s court. A case in which both store and the plaintiff or residents would be heard in the circuit court or the court of common pleas or civil court. If the plaintiff and the store owner are residents of different states and the damages are in excess of $75,000, then in all likelihood, it would be moved to federal court. The three courts are magistrate’s court or small claims court for cases under $7,500, in the circuit court, there is no limit on the amount of recovery, assuming everybody involved is from South Carolina, but if the parties are from different states then it would be handled in United States District Federal Court.
How the Age of the Injured Party Affects the Case
The age of an injured party does not affect the case other than in a case where the plaintiff has a permanent injury and if it is a permanent injury in South Carolina, there is a statute that sets forward life expectancy tables. Each person of a certain age, according to the statute, is presumed to live a certain amount of time. For example, if a person is 80 years old, their life expectancy might be 10 years or eight years but if the person is younger, then the person’s life expectancy is greater. The age of a plaintiff has little effect on liability but it is a factor in damages. However, there are exceptions. For example, handicapped access and that sort of thing could come into play in a slip and fall case if there is an elderly handicapped person.
Lawyer’s Approach to the Case
The process of slip and fall cases in Charleston are approached differently depending on the size of the case. If there are minor injuries, case cost is typically kept at a minimum if it all possible and with larger cases, more experts are involved. When the file is opened, it is important to secure eyewitness testimony as soon as possible because suits are not typically filed at that point and they usually take a form of affidavits.
The client’s treatment is usually ongoing at the early part of the case and the attorneys must make sure that that they monitor the treatment and are aware of all times of exactly who the clients’ medical providers are. When the clients are all finished treating, an attorney prepares a demand package for submission to the liability carrier for the defendant store owner. If you have slipped and fallen in a Charleston business, a tenacious Charleston slip and fall lawyer can fight to make sure the responsible parties are held accountable.