How Long Do You Have to File a Slip and Fall Claim in South Carolina?

When you suffer a slip and fall accident in South Carolina, knowing your legal rights and acting quickly is crucial to securing the compensation you deserve. One of the most critical aspects of filing a claim is understanding the statute of limitations for premises liability cases.

What is the Statute of Limitations for Slip and Fall Cases in South Carolina?

In South Carolina, the statute of limitations for filing a slip and fall lawsuit is three years from the date of the accident, according to South Carolina Code § 15-3-530. This means that if you do not file your claim within three years, you may lose your right to seek compensation for your injuries, medical expenses, lost wages, and pain and suffering.

However, there are exceptions:

• Claims Against Government Entities:

If your slip and fall occurred on public property (such as a sidewalk, government office, or public park), you may have a shorter timeframe to file a claim under the South Carolina Tort Claims Act, typically two years.

• Minors and Legal Incapacity:

If the injured party is a minor or legally incapacitated at the time of the accident, the statute of limitations may be extended.

Why Acting Quickly is Important

While three years may seem like a long time, waiting too long to file a claim can weaken your case. Here’s why:

• Evidence Fades:

Surveillance footage, witness statements, and physical evidence can disappear over time.

• Witnesses Become Unavailable:

The longer you wait, the harder it may be to locate and obtain statements from key witnesses.

• Insurance Companies Use Delays Against You:

Insurance adjusters may argue that delays in filing your claim suggest your injuries weren’t serious.

How CFJ Injury Lawyers Can Help You Navigate the Slip and Fall Process

At CFJ Injury Lawyers, we understand that dealing with a slip and fall accident can be overwhelming. With over 40 years of experience, our legal team has successfully handled numerous premises liability cases in South Carolina. Our lead attorney, Catherine F. Juhas, has extensive knowledge of South Carolina’s personal injury laws and is licensed to practice in South Carolina, North Carolina, and Washington, D.C.

When you choose CFJ Injury Lawyers, you can expect:

• Thorough Case Evaluation:

We carefully analyze the details of your case, gather evidence, and determine the best legal strategy to maximize your compensation.

• Aggressive Representation:

Insurance companies often attempt to minimize settlements, but we fight relentlessly to ensure our clients receive fair compensation.

• Personalized Legal Guidance:

Every case is unique, and we tailor our legal strategies to fit your specific situation.

• Strong Negotiation Skills:

Our attorneys have extensive experience negotiating with insurance companies and opposing counsel to reach favorable settlements.

• Trial-Ready Advocacy:

If necessary, we are fully prepared to take your case to court and present a compelling argument before a judge and jury.

Our clients have consistently praised our ability to provide compassionate support and effective legal representation:

“Experience with this law firm was very easy, every step of the way with communication, nothing hidden, no guessing. Always knew what was going on.”

We also offer bilingual legal services for the Spanish-speaking community, ensuring that language barriers do not prevent individuals from receiving quality legal representation.

Relevant South Carolina Statistics on Slip and Fall Accidents

• According to the National Floor Safety Institute (NFSI), falls account for over 8 million emergency room visitsin the U.S. each year, with slip and fall accidents being the leading cause.
• In South Carolina, falls are among the leading causes of hospitalizations and fatalities, particularly among older adults, according to data from the South Carolina Department of Health and Environmental Control (SCDHEC).
• The Occupational Safety and Health Administration (OSHA) lists slip and falls as one of the most common workplace injuries, affecting both employees and visitors in businesses across South Carolina.

Frequently Asked Questions About Slip and Fall Cases in South Carolina

Q: What compensation can I recover for my slip and fall case?

A: Victims may be entitled to compensation for medical bills, lost wages, pain and suffering, and rehabilitation costs.

Q: Can I still file a claim if I was partially at fault?

A: Yes. South Carolina follows comparative negligence laws (SC Code § 15-38-15), meaning you can still recover damages if you were less than 51% at fault. However, your compensation will be reduced by your percentage of fault.

Q: How do I prove negligence in a slip and fall case?

A: You need to show that the property owner failed to take reasonable steps to prevent the hazard, such as fixing broken flooring, clearing spills, or putting up warning signs.

Q: Do I need a lawyer to file a slip and fall claim?

A: While not required, having an experienced South Carolina premises liability attorney significantly increases your chances of securing full compensation.

Contact CFJ Injury Lawyers Today

If you or a loved one has been injured in a slip and fall accident, don’t wait until it’s too late. CFJ Injury Lawyers is ready to fight for your rights. We offer free consultations and work on a contingency fee basis, meaning you don’t pay unless we win your case.

Let us help you get the justice and compensation you deserve.