Denver Slip and Fall Attorneys

What Should You Do When You’re Injured in a Slip & Fall Accident?

Embarrassment is often the first reaction when a person slips, trips, and falls in a public place or on someone’s private property. While you may desire to get up quickly and leave the scene, that’s usually not a good idea. When you fall, you must first determine if you’re hurt and whether or not you can move. While you assess your situation, stay still and calm until you figure things out. Here are a few additional actions you should take. They can help you protect your legal rights and prevent further injury.

• If you require emergency medical attention, call 911.
• While you’re waiting for an EMT to arrive, use your cell phone camera to take pictures of the dangerous condition that caused your fall. If the property owner corrects the condition after you leave, you will have lost your opportunity to document the hazard.
• Don’t apologize for falling or discuss your fall or injuries with anyone at the scene, at least no more than it takes to get help. You may come across as though you blame yourself for the fall.
• If you noticed that someone witnessed your fall, ask for their name and phone number.
• Ask a witness to contact the property owner so you can notify them of your injury.
• Give the property owner only your basic contact information. Don’t provide statements they may later quote inaccurately or out of context. Insurance adjusters also misinterpret what injured people say or look for inconsistencies in their version of the event.
• When you’re feeling better, return to the scene and take additional photos in the area where you fell. If the property owner repaired or changed the condition that caused your fall, that’s a sign that they recognized it as a hazard.
• Before the property owner’s insurance adjuster calls, contact the Tenge Law Firm, LLC for a free slip and fall consultation with our experienced slip and fall attorneys in Denver.

It's crucial to be aware of your legal rights and responsibilities following an accident. Seeking prompt medical attention not only safeguards your health but also creates a vital medical record. Engaging with a legal professional like a slip and fall attorney in Denver early ensures you receive comprehensive advice tailored to your specific situation, helping you avoid pitfalls that could compromise your potential claim.

What Kind of Damages Might a Slip & Fall Victim Recover?

When our law firm negotiates a slip and fall victim’s case, the claim usually includes two basic damage categories: economic damages and general damages. In a court case, the parties may also consider an injured plaintiff’s request for exemplary or punitive damages. The injured person must produce evidence that proves a defendant’s willful and wanton conduct caused the injury to prove eligibility for punitive awards.

We evaluate our clients’ economic damages based on current and future medical expenses. Economic damages include these and other expenses:

How Do Liable Parties Try to Avoid Responsibility?

Under Colorado’s premises liability laws, a property owner’s duties are clear. Landowners must keep their property safe and secure to prevent hazards. However, when a slip and fall injury occurs, their negligent maintenance or upkeep won’t necessarily motivate them to pay for the damages they cause. To avoid insurance complications, premium hikes, or a diminished reputation, property owners often avoid reporting slip and fall claims. If they do make a report, they may explain the incident in a way that slants the facts in their favor.

Once an insurance company gets involved, they sometimes deny liability and refuse to offer a settlement. Property owners, their insurance companies, and their defense attorneys often rely on several common defenses to avoid paying the person whose injuries they caused.

• Comparative negligence: Under Colorado’s Modified Comparative Fault statute, if the defendant proves the injured person was more than 50 percent negligent, the property owner doesn’t owe for the injured person’s damages. Defense attorneys often allege the injured person had vision problems, improper footwear, or sobriety issues. Injured persons can still recover if they are less than 50 percent negligent, but their negligence percentage reduces any settlement or judgment amount.
• No negligence: If a property owner proves they did nothing wrong, they pay nothing.
• Plaintiff is a trespasser or licensee: Property owners use their varying duties of care as a defense strategy. Because they owe invitees the highest duty of care, their defense attorneys often try to prove the injured person was a licensee or a trespasser when they fell.
• Injury dispute: Defendants try to reduce the judgment potential by attempting to disprove the injured person’s damages. They sometimes acknowledge an incident occurred but deny that the injuries occurred on their property. They may also dispute the injury extent.

How to Prove Negligence

To prove negligence, you generally need to establish the following four elements:

• Duty of Care: The property owner has a legal duty to maintain a safe environment for visitors.
• Breach of Duty: The owner had failed to take reasonable steps to prevent hazards (e.g., failing to clean up spills, repairing uneven flooring, or providing adequate lighting).
• Causation: The hazardous condition directly caused your fall and injuries.
• Damages:  You suffered measurable harm, like medical expenses, lost wages, or pain and suffering, as a result of the accident.

What is the Statute of Limitations for Slip and Fall Claims in Colorado?

In the state of Colorado, the statute of limitations for filing a slip and fall accident lawsuit is generally two years from the accident date. If you fail to file a lawsuit within this timeframe, you could lose your right to seek compensation for your injuries. The clock starts ticking when the accident transpires, so acting promptly is crucial.

Additionally, while the general statute of limitations is two years, certain exceptions may extend or shorten the timeframe. For instance, if the injured party is a minor or legally incapacitated at the time of the incident, the deadline may be tolled (paused) until they can file a claim. On the other hand, if the slip and fall results in a wrongful death claim, different filing deadlines may apply.

Because missing the statute of limitations can completely close your right to recover damages, consulting with a slip and fall attorney as soon as possible is crucial to ensure your claim is filed on time and by the law.

How Much Will a Denver Slip & Fall Lawyer Cost Me?

If you or a family member sustained serious or catastrophic slip and fall injuries on someone else’s property, Tenge Law Firm, LLC wants to hear your story. We’ll schedule a free consultation, discuss your slip and fall accident, and determine if we can help you. When you’re injured, we understand that your life is complicated enough, so we keep things simple: we never charge our clients attorney’s fees unless we resolve their case.