What is the Slip and Fall Lawsuit Process?

Posted by: Jun 05, 2017By Steve Roberts

Slip and fall accident injuries can be devastating. If you were injured in an accident, and a property owner’s negligence contributed to your fall, you are entitled to compensation. To obtain that compensation, you will need to go through the Colorado slip and fall accident claims process. Here, our Denver slip and fall accident attorneys discuss some of the most important steps in that process.slip and fall lawsuit process

1. Gathering and Preserving Relevant Evidence

All successful personal injury claims, including slip and fall accident claims, require strong supporting evidence. You need evidence to both 1) Prove fault and 2) Establish your damages. Unfortunately, many different types of evidence begin to disappear very shortly after an accident. You need to get a lawyer involved who can help you take proactive steps to gather and secure relevant evidence before it is lost. Some common examples of relevant evidence include:

  • Photographs of the fall scene;
  • Videos of the fall scene;
  • Photographs of your injuries;
  • Statements from medical professionals;
  • Medical records;
  • Written accounts of your injuries; and
  • Statements from witnesses.

2. Proving Fault under Colorado Law

In Colorado, fault for a slip and fall accident must be proven under the state’s comparative negligence statute. In simplified terms, this means that you will only be able to recover compensation if you can prove that the defendant’s negligence (their failure to take proper care) contributed to your accident. The type of negligence that leads to slip and fall accidents can come in many different forms, from not cleaning up a spill to leaving a walkway unrepaired. Ultimately, your attorney will need to review the specific facts of your claim in order to assess the property owner’s potential liability. Some of the specific questions that your attorney will need to address include:

  • Was there an unreasonably safe hazard present on the premises?
  • Did the Colorado property owner know, or should they have known, about that safety hazard?
  • Was your trip and fall accident reasonably foreseeable?
  • Could the Colorado property owner have taken action to reduce the accident risk?

If your attorney can provide evidence that suggests that the answer to all of these questions is ‘yes’, then you can prove fault, and thus, you can hold the business or property owner legally liable for your damages. Once again, this demonstrates the importance of getting an attorney involved in your case immediately, as strong supporting evidence will be needed to make a compelling claim.

3. Establishing Your Damages

Once you prove liability, your Colorado slip and fall accident claim will move on to the issue of damages. You are entitled to recover compensation that accounts for the full extent of your losses. However, in order to do this, you need to be able to establish your damages. This part of the process can be challenging, as opposing businesses and insurance companies will try to work hard to limit their liability. Our slip and fall accident team can help. We can help you seek financial relief for:

  • All of your medical bills;
  • Any expenses related to physical rehabilitation;
  • Long-term disability;
  • Lost income, including lost future wages;
  • Pain and suffering; and
  • Loss of lifestyle enjoyment.

You Need a Denver Slip and Fall Accident Attorney

Do not go through the Colorado slip and fall claims process on your own. One mistake, even early on in the process, could damage your claim and adversely impact your ability to recover full and fair compensation. You should hire an experienced attorney as soon as possible.

At the Law Office of Steve Roberts, LLC, we have extensive experience handling Colorado slip and fall accident claims. To request a free review of your case, please reach out to our firm today at (720) 515-7058. Our office is in the heart of Denver, and we represent victims throughout the region, including in Lakewood and Aurora.

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