Sidewalks are critical components of the public right of way in Charleston that help people move around the city on foot safely. However, where streets and sidewalks are poorly constructed or poorly maintained or where they become a hazard, they pose risks.
Stumbling, slipping, and falling on a poorly maintained surface, or on some unexpected object, can lead to major injuries. If a sidewalk hazard in Charleston has injured you, it is imperative that you know your rights and what you need to do to get compensated.
This guide will lead you through how to make the guilty parties pay for what they have done and get the compensation you are entitled to.
Possible Reasons for Sidewalk Trips in Charleston
Sidewalk accidents in Charleston may occur for various causes that have been a result of poor maintenance or some other factor that was not foreseen. Some of the most common causes include:
Uneven Pavement
Sometimes the ground under the sidewalks may move, and this results in the appearance of cracks and other uneven surfaces that are easily tripping hazards.
As concrete ages, it may crack or have holes in it. These defects are more or less fatal to pedestrians in that they may not notice the danger until they are right on top of it.
Improper Maintenance
Sidewalks like any other pavement need to be maintained in order to remain safe for use. In one way or another they can be left by the property owners or the city and become hazardous.
Tree Roots
Sometimes, the tree roots grow beneath the sidewalks and, as a result, lift some portions of walkways to dangerous ridges or gaps that a passerby can stumble upon.
Weather-Related Hazards
Pavement such as rain, ice, or algae growth makes the surface slippery for people walking on it, therefore they slip and fall.
Who Is Liable For Sidewalk Injuries?
Assigning fault in sidewalk accidents in Charleston may sometimes be a complicated affair since the degree of responsibility may differ depending on place and circumstances.
The most common parties who could be held liable include:
The City of Charleston
If the accident happened on a public sidewalk, the city may be responsible for the area that was not cleared.
Nevertheless, it can be difficult to establish negligence against a government organization because of the sovereign immunity rules that sometimes restrict the possibility of a lawsuit against the city. It makes you hire a knowledgeable personal injury lawyer.
Private Property Owners
If the sidewalk is located near a commercial or residential area, the owner of the property is liable for not keeping the area safe for pedestrians.
This is especially the case where the owner knew about the existence of the hazardous condition and failed to remedy it.
Homeowner Associations (HOAs)
If the sidewalk is located in a residents’ area that has an HOA they may be charged with the responsibility of maintaining the sidewalk.
If the HOA knew of a problem that needed a fix, and they didn’t fix it, then they could be held responsible for any injuries caused.
contractors or construction companies
If the sidewalk was built or repaired not long ago, the contractor who carried out the work may have to take responsibility if the poor workmanship caused the formation of a dangerous condition.
Evidence to Use When Suing for a Sidewalk Injury
To establish negligence in a sidewalk injury case in Charleston, it is necessary to show that the negligent party was under a duty to keep the sidewalk safe and that he or she breached this duty in a manner that led to your injury.
To build a strong case, you will need to establish several key elements:
Failure by the Party Responsible
You need to prove the negligence of the party who is supposed to maintain the sidewalk, it could be the city, a property owner, or an HOA.
It could be that they never fixed a known hazardous condition, never conducted routine inspections on the sidewalk, or never removed the hazard.
Accidents that occur due to Failure in Maintaining Safe Conditions
The claimant must show that the sidewalk had a defective condition—big crack, hole, or some other irregularity—that ought to have been repaired by maintenance.
If the hazard was apparent and left for a long time then it supports the negligence claim.
Knowledge of the Hazard
In order to sue someone, you have to prove that the person who is at fault had actual knowledge of the dangerous situation, or ought to know that it existed.
For example, where the defect has existed for a long time, it will be presumed that the party had knowledge of the defect and should have done something about it.
Direct Link between the Hazard and Injury
To prevail in a slip and fall case it is obligatory to show that the hazardous condition of the sidewalk caused the injury.
This link can therefore be supported by medical records, eyewitness statements, and photographs of the scene of the alleged incident.
What Damages Are Available To You In A Sidewalk Accident?
Should you have tripped or slipped over a dangerous sidewalk in Charleston, you may be eligible for all or some of the following, Common types of compensation available in sidewalk injury cases include:
Medical Expenses
This includes all expenses incurred in the treatment of the injury such as hospitalizations, operations, emergency treatment, doctor visits, drugs, and therapy.
Besides, if such treatment is to continue in the future, the costs of future medical treatments may also be recovered.
Lost Wages
If your slip and fall injuries rendered you unable to work, you can sue for wages lost after an accident t in the course of healing. You may also be able to recover future lost income in case of long-term or permanent disability.
Pain and Suffering
In addition to the tangible expenses, you can be awarded for the pain and suffering your injury has brought to you.
Pain and suffering pay for the physical and mental anguish caused by the injury, the healing period, and the prognosis.
Most of the time in fall accidents, the injury is quite severe and needs a lot of follow-up care such as physiotherapy, occupational therapy, or counseling.
Permanency of Disability or Disfigurement
When you are involved in a sidewalk fall accident that results in a disability, major scarring, or head injuries you may be eligible for the monetary value of a permanent disability or disfigurement.
This may cover for lost use of limbs, for scarring, or when you are unable to go back to work in the capacity you used to.
Loss of Enjoyment of Life
If the injury hinders you from engaging in activities that you used to enjoy or perform your daily activities, then you may be entitled to receive an extra amount of compensation.
Difficulties in Claiming for Sidewalk Accidents
It is still possible to file for compensation in case of sidewalk injuries but the following difficulties might be encountered.
Understanding these hurdles can help you prepare for potential difficulties and increase your chances of a successful claim:
Governmental Immunity Laws
One of the main obstacles, if your injury happens on a public sidewalk, is governmental immunity. Such cities as Charleston, SC are shielded by accident laws that cap the amount of compensation that they offer in the event of an accident.
Despite the exceptions, it is generally more complicated to provide evidence that the city was careless than the case of a private property owner.
For instance, you may be required to prove that the city had notice of the hazardous situation or should have noticed it and that it did not remedy it in a reasonable period.
Proving Negligence
In any case, whether it is a public entity or a private property owner, you need to have strong evidence of negligence.
To prove negligence you need to prove that the party that is being sued was negligent in not keeping the sidewalk reasonably safe for you to traverse and that their negligence was the direct cause of the injury.
The major difficulty is usually to collect enough convincing evidence for negligence, like maintenance logs, statements of witnesses, and photo or video proof, while the hazard might have been only temporary or has already been fixed.
Disputes Over the Cause of the Injury
At times, the party at fault will deny the fact that the hazard on the sidewalk led to your accident.
They may come up and tell you that you slipped because you were careless, were wearing the wrong shoes, or something else that has nothing to do with the accident.
Predicting such arguments and having substantive proof like eyewitness accounts or CCTV footage are some of the ways of discrediting such arguments.
Comparative Negligence
South Carolina has what lawyers call comparative negligence rule which simply means if you were partially to blame for the accident (for instance you tripped because you were not looking where you were going) your compensation may be cut down.
If you are assigned more than 50% of the liability, then you may not be eligible for compensation at all.
This is why it is important to develop a good case that must demonstrate that the hazard was the root cause of the harm.
Why You Should Hire a Personal Injury Lawyer
It can be very daunting to handle a sidewalk injury case in Charleston if you’re still struggling with your injuries. Hiring a personal injury lawyer can make a significant difference in the outcome of your case by providing the following advantages:
Specialization in Personal Injury Law
Personal injury lawyers are knowledgeable and experienced to handle all the legal issues that surround your case.
Governmental immunity and comparative negligence are some of the complex issues in the personal injury law of South Carolina that the lawyers know and will help you to navigate throughout the process.
Fact Finding and Ascertaining Facts
Our lawyer can work to collect evidence about the accident including the records of maintenance, videos, witness accounts, and the testimony of other professionals.
They understand how to gather and present evidence that will help them in proving negligence and the level of your loss.
The real value of your claim
Our attorney will help guarantee that you seek fair compensation by properly evaluating the worth of your case after the slip and fall accident.
It involves determining not only your present and future medical bills and lost salaries but also other future expenses like treatment costs and disability.
Settling with Insurance Companies
Insurance companies also always have the aim to pay as little as possible and close the claims as soon as possible.
Our attorney for personal injuries understands how insurance companies work to avoid paying out claims as much as possible and will thus haggle with the insurance company on your behalf to reach an adequate settlement sum.
Managing Legal Time Sensitive Issues and Documents
This is because the claims are time-sensitive and require a lot of documentation particularly where the claimant is suing the government.
Our Charleston slip and fall attorney will make sure that all the paperwork is done right and in time so that you do not lose your right to be compensated; he/ she will also avoid any mistakes that are likely to have been made.
Don’t face this challenging time alone contact Max Hyde law firm today and call us at (864) 804-6330 to schedule a free consultation today. Our experienced lawyers are here to assist you in filing a claim for your accident and ensuring you receive the justice you deserve.