Accidents can happen anywhere, even on public property, such as parks, sidewalks, or government buildings. If you’ve had the misfortune of a slip and fall accident on public property, you might be wondering about your options for seeking compensation for your injuries. This article will provide some guidance on the steps to take following an accident on public property.
Seek Immediate Medical Attention
First things first: prioritize your health. If you’re injured, it’s important to seek immediate medical attention. Not only is this crucial for your health, but a timely medical record also serves as an essential piece of evidence should you decide to pursue a claim later. Also, ensure the medical providers note that you came to them due to the accident.
Report the Accident
Next, report the accident to the appropriate authority that manages the property, be it a local park authority, city council, or other government entity. Provide a detailed account of what happened and obtain a copy of the accident report for your records.
Gather Evidence
Collect as much evidence as possible from the accident scene. This can include photos of the location and the specific hazard that caused your fall, the weather conditions at the time, and any warning signs (or lack thereof). If there were witnesses, try to get their contact information and statements.
Understand Sovereign Immunity
The term “sovereign immunity” refers to a legal doctrine that often protects government entities from being sued. However, most governments have enacted laws that waive this immunity to an extent, allowing them to be held liable for negligence under certain conditions. It’s crucial to understand how sovereign immunity might apply in your case. South Carolina follows the\ SC “Tort Claims Act,” which makes it more difficult to sue a government entity (including a county/regional hospital). For example, the Statute of Limitations is two years instead of three, and Plaintiffs are capped on the amounts they can receive as damages.
Notice of Claim
Many jurisdictions require that a Notice of Claim be filed within a specific period after an accident on public property, often within days or a few months. This notice alerts the government entity of your intent to file a lawsuit and includes incident details.
Seek Legal Counsel
Slip-and-fall cases on public property can be quite complex due to the involvement of government entities and additional legal considerations such as sovereign immunity. As such, it’s advisable to seek legal counsel. A personal injury attorney can guide you through the process, helping you understand your rights and options and ensuring all necessary steps are taken in a timely manner.
File a Lawsuit
If your claim is not resolved satisfactorily or is denied, your attorney may recommend filing a lawsuit. This involves presenting your case in court, where a decision will be made based on the evidence provided.
In Conclusion
Slip and fall accidents on public property can result in significant injuries, and navigating your way to compensation can be a complicated process. Given the complexity of these cases, it’s often beneficial to seek legal advice to ensure you’re taking the proper steps towards securing the compensation you deserve. Understanding your rights and the procedures to follow can make a huge difference in your claim.
