Denver Slip and Fall Attorney
Many people suffer slip and fall accidents that result in little more than cuts and bruises, but these incidents may also be far more damaging. If you or a member of your family recently suffered injuries in a slip and fall, you may have grounds for legal recourse against the owner of the property where the incident occurred. A Denver slip and fall lawyer can review the details of your situation and explain your options for legal recourse.
If you have been hurt in a slip and fall accident at a public place, shopping venue, a residential property or elsewhere, contact a Denver slip and fall attorney now. Slipping and falling in a public place is almost always an embarrassing scenario, but the fact is that it can also produce injuries that are surprisingly severe in nature. The sting of such an event can be made even worse when the harm suffered was directly caused by the failure of a property owner or manager to supervise or maintain their premises in a safe condition for those permitted to enter. Denver slip and fall attorney Jeremy Rosenthal, is ready and willing to conduct a comprehensive investigation of the facts underlying your injury and work diligently to hold all responsible parties accountable for your losses.
Do I Have a Slip and Fall Case in Denver, CO?
There is an endless number of circumstances in which you may have been injured on someone else’s property but some situations are more common than others. The legal realm commonly referred to as premises liability encompasses a broad array of dangerous and often preventable circumstances which can lead to debilitating slip and fall injuries. It is always advisable to seek the counsel of a Denver premises liability attorney to determine if you have a case. The types of situations capable of causing significant harm to unsuspecting members of the public include things such as:
- Defective sidewalk, driveway, parking lot, road, or pavement
- Structural defects such as uneven steps, broken tiles, potholes, or torn carpeting
- Weather hazards such as snow, ice, or other adverse conditions
- Negligent conditions such as inadequate lighting, slippery floors or hidden dangers
There is an exception to premises liability when it comes to open and obvious hazards. If a slip and fall occurs due to the victim’s own negligence or failure to use reasonable care around an open and obvious hazard that another reasonable person would have likely avoided, this is likely to interfere with the victim’s legal efforts.
Key Factors in Slip and Fall Cases
Because slip and fall cases rely on theories of negligence, it is incumbent upon plaintiffs to establish that the defendant property owner or manager did in fact have a duty of reasonable care to the injured party. It is important to note that pursuant to Colorado law, an invitee is an individual who has been invited to visit a particular property or location, such as a restaurant or a retail shop. This relationship by nature implies that the owner has a duty to take steps in order to ensure the safety of those who visit. To recover damages in a slip and fall lawsuit, the following elements must be proven:
- A dangerous or defective condition existed on the property and that defect must be proximally responsible for the plaintiff’s injuries.
- The owner did or should have reasonably known about the defective condition and failure to do so could give rise to a personal injury suit.
- The condition existed long enough that the property owner had adequate time to address it.
- The victim was legally present on the property when the accident happened. This means they must have had the property owner’s express or implied permission to enter the property. A property owner is not liable for a slip and fall suffered by an intruder, trespasser, or anyone else who enters their property without their permission.
A knowledgeable Denver slip and fall attorney from the Law Firm of Jeremy Rosenthal can help you determine whether or not these elements are present in your specific case. Successfully establishing liability for a slip and fall in Denver is likely to require various forms of evidence from the scene of the accident.
You may need to prove that the condition that caused your slip and fall was a known issue for the property owner, but they failed to address the problem or notify you of the problem before the accident happened. Once a property owner becomes aware of any safety hazard on their property, they must fix it immediately, post a clearly visible warning sign, or provide clear verbal warnings about the hazard to any lawful visitors likely to encounter it.
Colorado Comparative Negligence Doctrine and Slip and Fall Claims
Colorado Law operates under the doctrine of comparative negligence, something which can bear significantly on the amount of compensation an injury victim is able to secure. Succinctly stated, a damage award will necessarily be reduced in proportion to the degree of responsibility the victim is deemed to have causing his or her own injury. While this does not serve as a general bar to recovery when both parties bear some of the blame, a finding of shared negligence can sometimes serve to diminish the overall amount received.
When a plaintiff is found partially liable for causing damages in any personal injury claim, the comparative fault rule applies, and the plaintiff will lose a percentage of their final case award to reflect their shared fault. As long as they are less than 50% at fault, they can still recover compensation, and their fault percentage will be the percentage of their case award they lose as a penalty. A fault of 50% or more will bar the plaintiff from claiming compensation from the defendant.
How Much Is My Denver Slip and Fall Injury Case Worth?
The aftermath of a slip and fall accident can be a time of great disruption, pain and upheaval, and it can be difficult for victims to know where to turn. However, it is crucial for injured individuals to realize that their time to pursue fair compensation does have limits and that swift action is essential to their chance of success. The financial damage awards available in such cases can often be quite significant and designed to cover:
- Economic damages – medical bills, lost wages, and any other projected costs related to the care and rehabilitation of an injury. The defendant is liable for all the direct financial losses the plaintiff suffered because of their actions. This includes anticipated future economic losses like the plaintiff’s ongoing medical expenses and lost future earning capacity.
- General damages – compensate for the intangible losses a victim suffers, such as physical pain, suffering, and any emotional anguish the victim may suffer. State law limits pain and suffering compensation in most personal injury cases, even if a victim has suffered catastrophic harm. However, a good attorney will know how to maximize this aspect of their client’s case award.
- Punitive damages – if the accident caused wrongful death, there is chance the negligent party could face jail time. Whenever a defendant has caused a personal injury through illegal activity, the judge overseeing the victim’s civil suit may award punitive damages at their discretion. The amount the defendant pays in punitive damages generally depends on their overall financial status and the severity of their actions.
Plaintiffs in slip and fall cases are required to establish several elements in order to secure compensation. First, it is necessary to show that at the time in question, a condition was present on the property at issue which in fact posed an unreasonable risk of harm. It must also be shown that the individual in possession of or responsible for the location did know or should have known that the risk existed. Next, the plaintiff must establish that the person responsible for the premises was negligent in failing to remedy or warn visitors of the danger. Lastly, the connection between the hazardous condition and the injuries claimed must be demonstrated.
The average plaintiff may be aware of the immediately recognizable damages they can seek with their claim, but accurately calculating the full long-term economic impact of their accident is more challenging. You can trust an experienced Denver slip and fall lawyer to accurately assess the full extent of your immediate and future damages; they can also assist you in maximizing the compensation you obtain for your pain and suffering.
Filing Your Slip and Fall Accident Claim in Denver
Once you have proof that a property owner’s negligence is directly responsible for your slip and fall and the documentation needed to prove the full extent of your damages, you can proceed with filing your premises liability claim with the court. Once the defendant is served the appropriate court paperwork, your case may move to settlement negotiations or litigation, depending on whether the defendant accepts liability for the incident.
Most personal injury cases filed in Denver are resolved privately in settlement negotiations. This process involves all parties coming together privately with their respective attorneys to negotiate terms for resolving the case. If the plaintiff and the defendant are both willing to compromise, it is possible that they can resolve their case in a fraction of the time that litigation would require. However, if the defendant denies liability, the case will proceed to court.
It is important to remember that you have a time limit for filing any personal injury case in Denver, CO. The statute of limitations for most personal injury claims in the state, including premises liability claims, is two years, and this time limit begins on the date your injury occurred. Do not make the mistake of assuming this is more than enough time because it will take longer than you might expect to compile the foundational elements of your case.
The sooner you hire an experienced slip and fall lawyer in Denver, the more time they will have to work on your case and the more likely you will be to succeed with your recovery efforts.
Why Trust Our Denver Slip and Fall Attorneys?
Hiring a Denver slip and fall attorney from the Law Firm of Jeremy Rosenthal will be the best decision you make following your slip and fall accident. Our team is highly experienced in premise liability claims and will fight to help you obtain the compensation you deserve for your injuries. Our law firm also offer the following advantages:
- We offer a free consultation with a top-rated Denver personal injury lawyer. During your initial consultation with our team, you can ask any questions necessary to help you gauge our suitability to represent your case. We can provide an initial assessment of your claim and let you know what you can expect while working with our firm.
- We handle all cases on a contingency fee basis; you’ll never owe attorney’s fees unless we obtain a settlement or court judgment on your behalf. Our contingency fee will be a percentage of the total compensation we recover for you. If we cannot obtain compensation for your damages, you pay nothing in attorneys’ fees.
- You can be confident your case will receive the highest level of attention from the investigation phase all the way through trial. We can provide updates as your case evolves so you can focus on your recovery and your personal obligations with confidence.
- We get to know our clients on a personal level and never forget that we are fighting for the rights and dignity of that person. We strive to help every client we represent recover as much compensation as possible in the shortest timeframe possible. Our goal is to help you recover as much as state law allows for all your damages in an efficient manner.
- Our team can seek to settle your case outside of court, if possible, to reduce the time it takes for you to receive compensation for your damages. However, we are fully prepared to represent you in the courtroom should litigation be necessary.
You may be entitled to a larger recovery than you initially expected, and a good attorney can answer your most pressing legal questions about your impending slip and fall accident claim. It’s vital to reach out to a Denver slip and fall lawyer right away. If you recently sustained injuries in a slip and fall accident and believe that a property owner may be responsible, contact the Law Firm of Jeremy Rosenthal today to schedule a free review of your legal options.