A slip and fall might seem minor at first, but a knee injury can quickly turn your life upside down. Whether it’s a torn meniscus, a dislocated kneecap, or ligament damage, these injuries often lead to painful recoveries, time away from work, and expensive medical bills. Many people in South Carolina wonder what kind of settlement they might receive after such an injury, and the answer depends on a number of factors.
Let’s look at what affects knee injury settlements, what South Carolina law says, and how you can pursue the compensation you deserve.
Understanding Slip and Fall Accidents and Common Knee Injuries
Slip and fall accidents commonly occur in grocery stores, restaurants, parking lots, and workplaces. Property owners must maintain reasonably safe conditions and warn of known hazards.
Common knee injuries include:
- Meniscus tears.
- Ligament injuries (ACL, MCL).
- Fractures and dislocations.
- Soft tissue or cartilage injuries.
Even a seemingly mild fall can cause long-term damage requiring surgery or therapy.
Average Settlement Amounts for Slip and Fall Knee Injuries in South Carolina
Every injury claim is unique, but past settlements give a general idea of what victims may expect. Based on case trends reported by South Carolina law firms, settlement amounts for slip and fall knee injuries typically range from:
- $10,000 to $30,000 for soft tissue injuries or minor sprains.
- $30,000 to $75,000 for meniscus or ligament tears requiring therapy or minimally invasive surgery.
- $75,000 to $250,000 or more for cases involving full ACL reconstruction, complex fractures, or long-term disability.
These figures are not guaranteed. Your actual compensation depends heavily on the specifics of your case, including medical evidence, recovery time, lost income, available coverage, and the strength of your legal claim. South Carolina follows a modified comparative negligence rule, meaning your settlement could be reduced if you’re found partially at fault for the fall, and you recover nothing if more than 50% at fault.
Factors That Affect Knee Injury Settlement Value
In calculating the value of your knee injury settlement, your attorney will look closely at the specific details of your accident and recovery.
Why? Because each of those details directly influences how much compensation you can receive.
The severity and type of injury matter most. A torn ligament or fractured kneecap that requires surgery typically leads to higher compensation because of the long recovery and lasting mobility issues. Medical expenses and future care, including therapy, medication, and possible future procedures, also weigh heavily.
Lost wages and diminished earning capacity play a role if your injury keeps you from working. Your pain and suffering, the physical pain and emotional stress, further impact the claim’s value.
Strong liability evidence can make or break your case. That’s why gathering medical records, witness statements, and photos early on helps your lawyer counter any attempts by insurers to minimize your payout.
What to Do After a Slip and Fall Knee Injury
The steps you take right after your fall can make or break your injury claim. If you hurt your knee in a slip and fall accident you should:
- Seek immediate medical attention: Even if you can still walk, internal injuries can worsen over time.
- Report the incident: Notify the property owner, manager, or employer as soon as possible and get a written report.
- Document everything: Take photos of the hazard, your injuries, and any witnesses’ information.
- Keep records: Save medical bills, prescriptions, and any proof of lost income.
- Avoid quick insurance settlements: Insurers may offer low payouts before the full extent of your injury is known.
An attorney can handle communication with the insurance company and ensure you don’t settle for less than you deserve.
Filing a Knee Injury Claim in South Carolina
To file a successful slip and fall claim, you must show that the property owner or responsible party was negligent, meaning they failed to maintain a safe environment. This could include:
- Wet or slippery floors without warning signs.
- Uneven flooring or torn carpets.
- Poor lighting or broken handrails.
- Ice accumulation in parking lots or walkways.
South Carolina’s statute of limitations generally allows you three years from the date of the accident to file a personal injury claim. Missing that deadline can prevent you from recovering any compensation.
Who Covers Medical Bills and Expenses After a Slip and Fall
In most cases, the at-fault property owner’s insurance (often a homeowner’s or commercial policy) is responsible for covering your medical expenses. If the case involves workplace premises, workers’ compensation may apply.
You may also use your own health insurance initially, but your insurer can later seek reimbursement through a legal process called subrogation once you receive a settlement.
Injured in a Slip and Fall Accident? Contact Our South Carolina Personal Injury Lawyers Today
If you’ve suffered a knee injury after a slip and fall, don’t wait to get help. The longer you delay, the harder it can be to prove fault and secure the compensation you need.
Stewart Law Offices’ South Carolina slip and fall lawyers are prepared to protect your rights and help you secure the full settlement you deserve. Call or contact us online for a free consultation.
