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Whalen Montalvo

Greenville Slip and Fall Lawyer

Fighting for Slip & Fall Victims

Slip and fall accidents are extremely common and can cause a variety of serious injuries, including brain, head, neck, and spinal cord injuries, severe lacerations, broken bones, and even death.

If you or a loved one has been injured or someone has died as a result of tripping and falling because of someone else’s negligence or failure to maintain their property or correct hazards, you may be entitled to compensation through insurance or a slip and fall lawsuit. While no amount of money can make up for the agonies of a severe injury, compensation can ease your financial burdens and pay for the care and treatment needed to help you go on with your life.

South Carolina slip and fall cases are complicated and require thorough investigation and aggressive litigation to secure the best possible outcome. Insurance companies and their lawyers will often try to trick you into admitting fault or accepting a lowball offer, or even deny claims altogether, so you should not try to seek compensation on your own.

The slip and fall lawyers in Greenville, SC, at Whalen Montalvo know how insurance companies operate and how to deal with them.  We are skilled litigators and fully prepared to take your case to court if necessary.

We provide a free consultation to evaluate your case and determine the best way to move forward, and there are no fees to you unless we win, so give us a call today.

Experienced Greenville Slip & Fall Lawyers: We Fight for You

Why Choose Us

Proving liability in slip and fall injury cases can be difficult, so it is important to hire an attorney you not only trust and feel comfortable with but who has the experience and resources needed to handle your case correctly. Here are some reasons why you should choose Whalen Montalvo:

  • Attorney James Whalen and Attorney Eric Montalvo have an in-depth understanding of South Carolina law. We are experienced and know the needs of South Carolinians. We know how the justice system operates for both plaintiffs and defendants.
  • We get results for our clients, and you can read their reviews.
  • Our achievements have earned us firm and individual credentials, including selection of James M. Whalen by his peers for inclusion in the South Carolina 2021 Legal Elite and in the Irish Legal 100.
  • We deal and negotiate with insurance companies, so you won’t have to.
  • We offer free initial consultations to get you started.
  • We are accessible and available 24/7 for client emergencies.
  • We work on a contingency basis, so you pay us nothing unless you get your money.

We Offer: Advocacy. Service. Results.

Our Slip and Fall Injury Lawyers Work for You

After a slip and fall accident, evidence tends to disappear quickly. When you retain Whalen Montalvo, we start working on your case immediately. We will:

  • Meet with you to discuss how the slip and fall happened and who the at-fault parties may be, and determine your damages and what your case may be worth
  • Investigate the accident scene and gather and preserve evidence, such as from surveillance videos and photographs, and police, ambulance, and medical records and reports
  • Interview witnesses and first responders
  • Hire experts to reconstruct the accident and determine fault, and life-care experts to testify as to the costs and severity of your injuries and their effects on your future
  • Deal and negotiate with insurance companies and their attorneys for a fair settlement
  • Build your case and take it to court if necessary.

At Whalen Montalvo, we know and care for our clients and do everything possible to recover optimum compensation. Call us today at (864) 770-7710.

South Carolina Premises Liability Law: Holding All Responsible Parties Accountable

Depending on your situation, it may be the property owner or a third party who was responsible for your trip and fall accident, and sometimes there may be multiple parties who were negligent. How your case is handled varies accordingly.

Most often, the responsible party is the property owner, and our attorneys can pursue a premises liability claim for compensation.

Premises liability – All property owners in South Carolina are required to ensure that their property is safe for the people they invite there, whether it is for business or just a simple social call. When they fail to do so and allow conditions such as slick surfaces, broken walkways, uneven paths, and unmarked spills to exist, they can be held liable.

To win your case against a property owner, our attorneys would have to prove the following factors:

  • There was a dangerous condition on the premises.
  • The owner knew or should have known about the hazard.
  • The owner failed to take action to correct the problem or protect people.
  • The dangerous condition caused you to fall and receive injuries.
  • You suffered damages as a result.

Negligence – In the case of a third-party defendant (for example, if a private contractor or outside vendor spilled oil at a private party and failed to clean it up), we must prove negligence by showing the existence of the following legal elements:

  • Duty. The defendant had a legal duty to not create a hazardous condition that could cause harm.
  • Breach. The defendant breached this duty by actions or failure to act.
  • Causation. The careless act caused the slip-and-fall accident.
  • Damages. You suffered quantifiable damages as a result.

Our attorneys would investigate and evaluate your case to name all potentially liable parties as defendants, as they all may have insurance and assets that can go toward a settlement.

Damages Our Slip and Fall Attorneys May Recover

Slip and fall accidents may result in extensive and expensive medical treatment and rehabilitation, a lifetime of disability and continuing care or even death. South Carolina law allows victims of slip-and-fall accidents to hold all responsible parties liable for their negligence by paying for their damages – the costs and losses incurred as a result of the accident.

In South Carolina, you may receive compensatory damages that consist of both economic damages, to cover your monetary costs, and non-economic damages, for effects from the accident that don’t have a specific dollar value but negatively impact your life.

Damage awards may cover:

  • Medical, rehabilitation, and caregiving costs
  • Lost earnings from being unable to work
  • Property damage
  • Physical and emotional pain and suffering
  • Loss of consortium and loss of quality and enjoyment in life
  • Disability.

In some rare cases, when it can be proven that the defendant’s actions were “willful, wanton, or reckless,” you may also be awarded punitive damages to punish a defendant and to deter such behaviors in the future.

There are a wide range of damage amounts you may be awarded in a slip and fall injury lawsuit, from the thousands to the millions of dollars, depending on the individual circumstances of the case, such as the extent and permanence of your injuries and the degree of fault involved.

Slip and Fall Attorneys Answer Frequently Asked Questions

After a slip and fall accident, you are bound to have questions. We can best answer these at your free initial consultation, but to get started, here are some answers to questions our attorneys are often asked:

How much time do I have to file a lawsuit?

South Carolina has time limits, called a statute of limitations, for filing personal injury and wrongful death lawsuits. There are some exceptions, but in general you have three years from the date of the accident to file; if you fail to do so on time, the courts will most likely dismiss your case.

What if I did something to contribute to the slip and fall? 

Even if you contributed to the accident, such as by not looking where you were going, you may still be able to get a settlement.  South Carolina has a modified comparative fault rule, which means as long as you are not more than 50% at fault, you can recover damages, but the amount will be reduced by the percentage you are found to be at fault.

What if my loved one died from a slip and fall injury?

If your family member died after suffering a slip and fall, our attorneys can file a wrongful death claim for compensation. South Carolina’s wrongful death statute, Section 15-51-10 through 60, allows the deceased’s spouse and children to bring a lawsuit. If there are no spouse or children, compensation goes to the deceased’s parents, and then their heirs.

What should I do if I suffer a slip and fall injury?

After a slip and fall, you should seek medical attention, even if you feel you suffered only a minor injury, as injuries can worsen over time. In addition you should consult with a South Carolina slip and fall lawyer who can determine if you have a valid case and handle all measures necessary to recovering fair compensation from the liable parties.

Our Whalen Montalvo attorneys understand how much you have to deal with after a serious slip and fall injury, and we will be there to keep you informed and answer all your questions throughout the entire legal process.

Get Help from Our Slip and Fall Attorneys in Greenville

Our Slip and Fall Lawyers Fight for Your Rights

If you or a loved one has suffered a slip and fall injury, the legal team at Whalen Montalvo is ready to help you win the compensation you deserve. Let us handle all investigations, negotiations, and legal hurdles needed to prove who was responsible for your injury, hold them accountable, and secure maximum compensation. We work on a contingency basis, so there are no costs to you until and unless we win your case, and then fees are taken out of the settlement.

You have nothing to lose and everything to gain, so call us today for your free, no-obligation consultation with one of our Greenville slip and fall attorneys.

Free Consult, Call Now (864) 770-7710

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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Contact Our Attorneys

Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.