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Building Fall Injury Claims in South Carolina


Unintentional falls, usually falls in nursing homes or other for-profit establishments, are one of the leading causes of injury-related death in the Palmetto State. Even if these victims survive, falls usually cause serious injuries that, in one way or another, are permanent. For example, if Tom falls and breaks his leg, the bone may mostly heal, but he may permanently lose range of motion in his knee.

Most fall injury victims are older adults. These claims are quite complex, usually because these victims have pre-existing medical conditions. Let’s go back to Tom and change the facts a bit. Assume Tom had a gait disorder, a common malady among people over 65. Like many other people, Tom shuffles his feet when walking. So, if he stumbles, he cannot regain his balance, and he falls.

Generally, a Columbia personal injury lawyer can obtain maximum compensation in these cases. The eggshell skull rule typically prevents insurance companies from using victims’ vulnerabilities against them. Instead, the property owner could be liable for all Tom’s damages, if his lawyer diligently builds a strong case.

Medical Matters

Hospital and other medical bills are usually the foundation of a fall or other personal injury claim. This amount often determines a claim’s settlement value.

Basically, an injury claim’s settlement value is like a new car’s sticker price. The car’s sticker price is the starting point for purchase negotiations, and the settlement value is the starting point for settlement negotiations. More on that below.

Medical bills are often incomplete. Frequently, they don’t have any information about the victim’s level of pain at certain times. Pain level is a critical part of a noneconomic damages calculation. These damages include items like pain and suffering, loss of enjoyment in life, and emotional distress.

To fill in the gap, a Columbia personal injury lawyer often partners with an independent doctor. This doctor reviews the records and opines in areas like pain level. This doctor also testifies that the treatment the victim received was reasonably necessary.

Duty of Care

The claims process itself usually begins with the property owner’s duty of care. South Carolina uses a victim classification system to determine duty, as follows:

  • Invitee (permission to enter and remain on the property and some other benefit).
  • Licensee (permission but no benefit), and
  • Trespasser (no permission and no benefit).

Almost all fall injury victims are invitees. The permission could be specific to the victim or general to everyone, like an “Open” sign in a store window. The benefit could be economic or noneconomic.

Sometimes, these categories overlap. If our buddy Tom lived at a nursing home and fell behind on payments, he went from an invitee to a trespasser.

Knowledge of Hazard

Owners are responsible for damages if they knew about, or should have known about, the uneven walkway, wet spot, or other fall injury hazard.

Previous falls related to the same hazard might be the strongest direct evidence of actual knowledge. These owners clearly know about the hazard and the potential for serious injury. The time-notice rule usually controls circumstantial evidence of constructive knowledge (should have known). When property owners neglect hazards, they should have known about them and should have addressed them.

If the medical records are clear, the owner had a duty of care, and the owner knew about the hazard, fall injury claims often settle quickly, and on victim-friendly terms.

Work With a Hard-Hitting Richland County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. We do not charge upfront legal fees in these matters.


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Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

24/7 Availability

We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.


We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win*

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

Marc Brown and The National Trial Lawyers Top 40 Under 40 award