Slip and fall on a city owned sidewalk and broke my left hip
Started by birdmomdad , Jul 09 2013 09:49 PM
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5 replies to this topic
Posted 09 July 2013 - 09:49 PM
I am in South Carolina. I cannot find an attorney to take my case. This accident happened on 6/3/13. I broke my left hip. The police were very rude to me and made me try to get up. I had surgery the next day. I cannot afford the bills and the pysical therapy on social security. I am 64 waiting for medicare.Police called an ambulance after I begged them to. The city owns the sidewalk. Should I give up?. Does contacting the Mayor help? The time is running out.
Posted 10 July 2013 - 05:10 AM
You should have one year at least, to file. Don't listen to anyone but a good torts attorney. Your only real chance at a recovery
Posted 10 July 2013 - 06:11 AM
I cannot find an attorney to take my case. . . . Should I give up?
That you are having difficulty finding an attorney suggests that you might not have a viable claim. What makes you think the city or anyone other than you should be liable because you slipped and fell?
Does contacting the Mayor help?
How could we possibly know (although one would assume the mayor would simply refer the matter to the city's attorney)?
You should have one year at least, to file.
It appears that the South Carolina statute of limitations (i.e., the deadline to file a lawsuit) on a personal injury claim is three years. However, before suing a public entity it is typically required that one submit a formal claim to the public entity, and the deadline to do that is typically much shorter than the statute of limitations (perhaps as short as 60 or 90 days, although I don't know the SC law on this).
Posted 10 July 2013 - 07:32 AM
The South Carolina Tort Claims Act addresses claims against government entities:
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
Posted 10 July 2013 - 01:26 PM
Posted 13 July 2013 - 12:55 PM
If you?ve contacted several personal injury lawyers and none are willing to take the case, that?s often an indicator that you don't have a good claim to bring. We don't have enough details here to know if you might have a viable personal injury case. A key issue here is why you fell. The city isn?t liable to you unless the accident was somehow the city?s fault, i.e. it was in some manner negligent. So the details of what happened to cause you to fall are very important.
Note, too, that the SC statutes specifically state that the government is immune from suit for injuries arising from ?snow or ice conditions or temporary or natural conditions on any public way or other public place due to weather conditions unless the snow or ice thereon is affirmatively caused by a negligent act of the employee.? So if you fell because of a rain slicked sidewalk, for example, the city generally wouldn't be liable for that.
Finally, there is the issue of whether you exercised proper care yourself to avoid falling. Even if there was some negligence on the part of the city, if you failed to take proper care given the conditions that you could see, that may absolve the city of some or all liability for the accident.
I don?t mean to suggest that you don't have a good claim; I don?t have all the facts and thus cannot make an informed opinion on the matter. I?m just pointing out some things that are common issues that come up in these sorts of cases. If you provide some details on the accident and why you think the city ought to be liable for your injuries, you might get some more useful feed back on it.
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