No one expects to suffer a severe slip-and-fall accident while grocery shopping, walking on the sidewalk, or having dinner at the home of an acquaintance. Due to their surprising nature, slip-and-fall accidents often result in serious injuries as victims cannot protect themselves from these falls.
Many injured slip-and fall accident victims have countless questions, such as, What to do after a slip-and fall accident? A lawyer can help. Contact a qualified personal injury attorney to discuss the facts of your case and explore your options for compensation against the responsible party.
What to Do After a Slip-and-Fall Accident
Knowing what to do after a slip-and-fall accident is vital to protecting your rights and preserving evidence. It’s unsurprising that many victims can’t remember all the following steps in the adrenaline-filled moments after their fall. However, the more steps you take, the better your chances of obtaining full compensation.
Seek Medical Attention
Immediately after slipping and falling, seek medical attention. Even if you believe you are injury-free, seek a complete medical evaluation anyway. Many serious injuries don’t appear until hours or days after your accident.
Report the Accident
Seek out the property owner, landlord, or manager of the property to report your accident. If the police report to the scene, they may create an accident report. Your attorney can help you obtain a copy of this report to recap the details of the incident.
Limit Communication
Limit communication with property owners or insurance companies. If they insist on speaking, limit your answers to the facts and don’t assign responsibility for the accident.
Document the Scene
If you’re physically able, photograph the scene of the accident. Additionally, write down your immediate thoughts and recollections regarding the event while they are still fresh in your memory.
Talk to Witnesses
Obtain the contact information of all witnesses. Please pass this information on to your attorney so they can build a strong case on your behalf.
Should I Get a Lawyer for a Slip and Fall?
Should I get a lawyer for a slip and fall? Personal injury lawyers understand the complexity of these types of cases. If you suffered severe injuries in your accident, getting compensated will help you get back on your feet—and you stand a far better chance of being fairly compensated if you have legal representation.
Are Slip-and-Fall Cases Hard to Win?
Are slip-and-fall cases hard to win? Slip-and-fall cases can be difficult to win as there are several factors that you must be able to prove to be successful. Of course, every case is different. But one of the biggest differences between these and other injury cases is that there tends to be more proof in other types of cases.
For example, in a car crash case, there are often multiple witnesses, police reports, and even video footage from area businesses that can provide a tremendous amount of information regarding who was liable. But in slip-and-fall cases, the word of the victim is sometimes all there is to go on if no one else witnessed the fall. So how do you prove a slip-and-fall case? The key is proving negligence.
How Do You Prove Negligence in a Slip-and-Fall?
How do you prove negligence in a slip-and-fall? In Colorado, slip-and-fall cases rely on premises liability law. Premises liability is the legal concept that landowners and other parties are responsible for maintaining the safety of their property.
To prevail on a slip-and-fall claim, you must establish that the landowner or property manager was negligent. However, different duties are owed to different types of individuals when they are someone else’s property.
Trespassers
Trespassers are individuals that enter or remain on someone’s property without permission. Trespassers may only recover compensation for slip-and-fall injuries if the landowner willfully or deliberately caused the fall.
Licensees
You are a licensee if a property owner invites you to a social gathering. After a slip-and-fall accident, you may only recover if your injuries were caused by one of the following:
- The landowner’s unreasonable failure to exercise reasonable care regarding dangers they created and knew about, or
- The landowner’s unreasonable failure to warn of hazards they did not create but knew about and that are not ordinarily present on that type of property.
A qualified attorney understands how to establish your licensee status so you can seek compensation from the landowner.
Invitees
Invitees represent customers or patrons at a store, restaurant, or another business establishment that is usually open to the public. If a landowner failed to exercise reasonable care to protect invitees from dangers they knew or should have known about, they could be liable for any resultant injuries.
A qualified personal injury attorney analyzes the specific facts of your case to advise you on your claim for damages.
How Are Slip-and-Fall Settlements Calculated?
How are slip-and-fall settlements calculated? Slip-and-fall accident settlements vary depending on the particular circumstances of each unique case and what damages you are entitled to recover. Colorado permits injured victims to recover compensatory damages in the form of both economic and noneconomic damages.
Economic Damages
Economic damages represent direct financial losses stemming from your injury. These damages include the following:
- Medical expenses,
- Lost wages,
- Loss of future earnings, and
- Property damage.
Your attorney calculates these damages through supporting evidence such as receipts, invoices, pay stubs, and other similar documentation.
Noneconomic Damages
Noneconomic damages represent intangible losses resulting from the psychological and emotional effects of your injuries. These damages include the following:
- Pain and suffering,
- Emotional distress,
- Loss of consortium, and
- Loss of enjoyment of life.
Due to their subjective nature, it’s challenging to establish the value of noneconomic damages without the assistance of a qualified personal injury attorney.
How Long Can a Slip-and-Fall Case Take?
How long can a slip-and-fall case take? A slip-and-fall case may take six months to many years to resolve. There are several factors that may impact how quickly a slip-and-fall case resolves.
- Liability. If there’s a precise determination of liability, it may be easier to reach a favorable settlement as the landowner may wish to avoid the cost of an expensive trial.
- The severity of injuries. Your attorney may advise you to wait until you’ve reached maximum medical improvement before settling your case. Even if you never fully heal from your injuries, getting the compensation that reaches the full value of your claim is essential.
- Negotiations. If all parties are eager to negotiate favorable settlement terms, your case will likely resolve quickly. However, if a party fails to engage or participate in negotiations, it is more likely your case will proceed to a lengthy trial.
Many injured victims are eager to reach a speedy resolution. But settling without getting compensated fully could leave you in a desperate financial state down the road.
Colorado Slip-and-Fall Lawyers
At Tenge Law Firm, we understand that clients contact us because they’ve experienced something terrible. Our goal is to achieve the best possible result for our clients as soon as possible. Slip-and-fall cases are particularly complex, and it’s vital to reach out to qualified Colorado slip-and-fall lawyers that are prepared to fight to obtain the compensation you deserve. Contact our office today for a free consultation to learn how we can help you.