What Damages Am I Entitled to After a Slip and Fall Accident?

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While we do our best to provide accurate information at the time of publication, laws and circumstances change over time and this article may not be the most up-to-date resource available. If you have questions about a particular situation, please contact us for a free consultation.

Monty Desai | Attorney, Greenville, SC
Monty Desai | Partner & Attorney

If you’ve been injured in a slip and fall accident that was the result of someone else’s negligence, you may be considering a lawsuit in order to recover damages. But what kind of damages are available?   

South Carolina allows for several different types of compensation in personal injury cases like slip and fall accidents. Depending on the circumstances and strength of your case, you may be entitled to one or more of the following types of damages.

Compensation to Address Financial and Physical Ramifications of the Accident

These “special damages” are intended to make you whole. That is, they are meant to give you back what was lost as a result of the accident.

  • Medical expenses, including hospital, physician, and pharmacy bills, to address the injury caused by the slip and fall accident; may also include estimated future medical expenses
  • Lost wages to compensate you for earnings you lost from missing work, and earnings you will lose in the future, as a result of the accident

Compensation to Address Psychological and Emotional Ramifications of the Accident

Special damages are relatively easy to calculate, as they are based on actual expenses with real dollar amounts. Damages in this second category, called “general damages,” are not so easy to calculate, as they are intended to compensate for intangible aspects of the accident and injury. These include:

  • Pain and suffering to compensate for pain endured during and after the accident
  • Emotional distress to compensate for the psychological suffering after an accident
  • Loss of enjoyment of life, to compensate for the negative way life has been altered since the accident, often because the victim is no longer able to participate in activities as before

In this category, you’ll also find damages that are typically paid to the victim’s spouse or close family member.

Loss of consortium, for the loss or significant change in a close relationship due to the accident (awarded in cases where the victim has died or has sustained severe physical injuries, such as amputation, major brain trauma, or paralysis)

Damages to Punish the Party Responsible

South Carolina also allows for punitive damages, which are not intended to “make up” for anything the victim has suffered in the accident, but to punish the person or people responsible for the accident. These are not recoverable in every case and, even when recoverable, may have limits. An experience attorney can help advise you of these considerations on a case-by-case basis.

Work with experienced auto accident attorneys

Winning a slip and fall case in South Carolina isn’t easy, but if you’re suffering the aftermath of a slip and fall accident, contact the personal injury attorneys at The Carolina Law Group. They will work to build a strong case to help you get the compensation you’re entitled to. Fill out this contact form or call one of the numbers below to schedule your free initial consultation.

The Carolina Law Group has four offices in upstate South Carolina for your convenience: Greenville (principal office; call 864.312.4444), West Greenville (864.312.4444), Greer (principal office; call 864.757.5555), and Spartanburg. Call today.

 

About 

Monty D. Desai came to the United States on Christmas Eve, 1988. After high school he joined the service in order to earn money for college. Monty would go on to earn a letter of commendation as a Navy Corpsman for the Marine Corps. After his service, Monty completed his undergraduate studies at the University of South Carolina. From there, Monty went on to attend Thomas M. Cooley Law School on full scholarship, where he earned his Juris Doctorate. Following graduation from law school, Monty served as prosecutor with Greenville County Solicitor’s Office, and also worked as a a adjunct professor in the Criminal Justice Division at Greenville Technical College. In 2015 Monty was recognized by the National Academy of Personal Injury Attorneys as ranked among the Top 10 Under 40 for excellence in the field of personal injury.

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