A slip and fall accident is the cause of the most common injury-related death in the United States, with 34,000 people dying due to fall-related injuries yearly. And with one in four adults older than 65 falling each year, falling may amount to a public health crisis.
So if you or a loved one is experiencing the aftermath of a slip and fall incident resulting from a negligent property owner, we at Dulin McQuinn Young want to stress that you’re not alone. Our compassionate and experienced team of Denver slip and fall lawyers at our law firm will guide you through the legal process and provide you with the support you need.
Getting started is easy and free. Contact our Denver personal injury lawyers today for your free, complimentary case review.
How Our Denver Slip and Fall Attorneys Can Help You
There are many reasons why we recommend hiring a Denver slip and fall injury lawyer for your case. An experienced attorney can assist you in pursuing compensation for your injuries in a number of ways. They can do the following:
Determine Liability in Slip and Fall Cases
Slip and fall accidents can be complex legal matters. An experienced injury lawyer can help you understand your rights and determine liability to ensure that you are taking the best course of action.
Negotiate with Insurance Companies
The insurance company for the property owner or manager may try to offer you a low settlement. An injury lawyer can negotiate with the insurance company to get you the maximum compensation you deserve. If the insurance company is not willing to make a fair offer, a lawyer can file a slip and fall lawsuit on your behalf.
Prepare for Trial, If Necessary
If your case goes to trial, a lawyer will represent you in court and fight for your rights. Slip and fall cases usually settle before reaching trial. However, Dulin McQuinn Young is unafraid to take your case to court if litigation is in your best interests.
Gather Evidence
A personal injury lawyer can help you gather evidence to support your case, such as medical records, photographs of the accident scene, and witness statements.
We understand that being injured in a slip and fall accident in Denver can be a very difficult and overwhelming experience. We are here to help you through this difficult time and get you the compensation you deserve. Contact us today for a free consultation.
Why Choose Dulin McQuinn Young as Your Denver Slip and Fall Lawyer?
A Denver slip and fall attorney from Dulin McQuinn Young will stand beside you throughout your accident case to ensure you get the best legal advice and service possible. Our team is dedicated to answering your questions and handling all aspects of your slip and fall injury claim so you can focus on your health.
Years of Experience Maximizing Compensation
Slip and fall cases are part of premises liability law, which our firm has extensive experience in. We achieved the second-largest premises liability verdict in Douglas County, in which we fought for our client to be awarded over $771,000 – more than seven times what the insurance company offered. We fight for our clients to get them the compensation they deserve.
Personalized Attention for Every Client
Dulin McQuinn Young is dedicated to providing personalized attention to every client. Since every case is unique, we ensure that clients receive individualized representation tailored to their specific circumstances. By focusing on a select number of cases, our legal team can devote the necessary time and resources to achieve exceptional results for each client we represent.
Leave your legal filings and investigations to Dulin McQuinn Young. We have the experience and resources to fairly settle your claim or take your slip and fall case to trial.
Call our Denver office today to schedule your no-obligation consultation with a skilled slip and fall accident attorney.
“Anyone seeking counsel for personal injury claims, don’t hesitate to contact them. They are the best. Thank you, thank you, thank you!”
– Dirk D.
Denver Slip and Fall Resources
- What To Do After a Denver Slip and Fall Accident
- Common Causes of Slip and Fall Accidents in Denver
- Types of Injuries in Slip And Fall Cases
- Colorado Premises Liability Laws (CRS 13-21-115)
- What Compensation Can You Recover in a Slip and Fall Case?
- How Long Do I Have to File a Slip and Fall Claim in Colorado?
- Who Can Be Held Liable For My Slip and Fall Injuries?
- How Do I Prove Negligence in a Slip and Fall Case?
- Can I Still Recover Compensation If I Was Partially at Fault?
What To Do After a Denver Slip and Fall Accident
- Seek Medical Attention: Your well-being is a priority. If you’re injured, seek medical help promptly. Your health comes first.
- Document the Scene: If possible, take photos of the accident scene. Capture details like the hazard that caused your fall, lighting conditions, and any signage.
- Report the Incident: Notify the property owner or manager about the accident. Ask for a copy of the incident report.
- Obtain Witness Information: If there are witnesses, gather their contact details. Their accounts could be valuable later.
- Preserve Evidence: Keep the shoes and clothes you were wearing during the accident. They might serve as evidence.
- Record Details: Note down your recollection of the incident while it’s fresh in your memory. Include specifics like time, date, and weather conditions.
- Limit Statements: Avoid making detailed statements about the accident, especially to insurance companies, until you’ve consulted legal counsel.
- Consult a Slip & Fall Attorney: Reach out to us for a free consultation. We’ll assess your case and offer tailored advice on protecting your rights.
Common Causes of Slip and Fall Accidents in Denver
Slip and fall scenarios are more than just a puddle on the floor of a grocery store. Some situations that may cause a slip and fall accident include:
Wet or Slippery Floors
Spills, leaks, or improper cleaning can leave floors wet and slippery, posing a significant risk to unsuspecting individuals.
Icy or Uncleared Sidewalks
Frozen or icy surfaces and sidewalks that have no salt or de-icer applied to them can cause slips.
Poorly Maintained Stairs or Railings
Poorly maintained stairs or railings, such as those with loose handrails, uneven steps, or structural damage, can lead to serious slip and fall accidents.
Inadequate Lighting
Inadequate lighting in stairwells, hallways, or other areas makes it difficult to see potential hazards.
Trip and Falls
Additionally, individuals may also experience a trip and fall due to hazardous floor conditions while visiting public or private property. Trips and falls have less to do with actively slippery conditions and more with other hazardous impediments in an area where people walk.
Examples of situations that could lead to a trip and fall include:
- Debris or trash on the floor
- Cords strung across the floor
- Potholes
- Uneven sidewalks and parking lots
- Poor visibility
- Bulging carpet
- Loose rugs or floor tiles
Types of Injuries in Slip And Fall Cases
Slipping and falling can result in a range of injuries beyond the obvious ones such as broken bones, bruises, cuts, and sprains.
In a slip and fall case, individuals could receive the following injuries.
- Broken Hips, Pelvis or other bones: as the elderly are extremely susceptible to falls, an unexpected fall can often yield broken hips.
- Spinal Cord Injury: depending on how one lands, an individual could receive damage to not just the spinal column (the bones that protect the spinal cord) but also spinal cord damage to the nerves in the spine. A fall could yield herniated disks or even paralysis – a potentially catastrophic injury.
- Soft Tissue Injuries: the joints, ligaments, and muscles of the body can be severely damaged after an unexpected slip.
- Traumatic Brain Injury: if the victim falls to the ground with no control, they may hit their head on the way down, causing a concussion or skull fracture. If the individual falls with enough force, this will traumatize the brain.
- Post-Traumatic Stress Disorder (PTSD): with a severe enough fall, an individual could develop PTSD and other mental health issues, such as depression and anxiety.
Understanding Colorado Premises Liability Laws
Slip and fall accidents are a specific form of premises liability case. As individuals visit properties owned or maintained by third parties, that property owner owes those invited a specific level of duty of care while on their premises, depending if they are Invitees, Licensees, or Tresspassers.
Duty of Care for Property Owners
For an individual to be able to bring suit against a negligent property owner, the victim needs to be able to prove the following under Colorado’s Premises Liability Act, as laid out under CRS 13-21-115.
The individual was owed a duty of care that was not present on that property owner’s premises.
- Individuals need to either be explicitly or implicitly invited to do business with the property owner at that location (invitee) OR be explicitly invited to the premises for personal or social reasons (licensee).
- Trespassers are not owed any duty of care unless the property owner intentionally tries to harm trespassers by creating hazards.
The breach of that duty of care caused the invitee or licensee to slip and fall. The victim suffered injuries after the slip and fall, which caused damages. The recoverable damages in Denver slip and fall accident cases greatly depend on that individual’s legal status.
- Invitees can only seek damages if the landowner failed to exercise reasonable care in protecting against dangers they knew or should have known about.
- Licensees may only recover damages resulting from the property owner’s negligence in failing to take reasonable care in addressing known dangers or in failing to warn about hazards not typically found on the property.
- Trespassers can only recover damages if they were harmed by hazards that were “willfully or deliberately caused” by the property owner. This can change depending on the age of the trespasser.
The victim has the burden of proof to recover damages in their slip and fall case. These elements of proof include their legal status on the property, the dangerous condition or hazard, and linking their injuries to the hazard.
Comparative Negligence in Colorado
Defendants in slip and fall cases have insurance companies working on their side to clear them of liability. In an attempt to do so, a defendant’s insurance company is likely to shift blame to the accident victim.
Even if you are partially liable for your slip and fall injury, you may still be able to recover damages for your injuries. Colorado uses the modified comparative negligence system in personal injury cases.
Under the modified comparative negligence system, victims of personal injury accidents may recover damages even if they are partly responsible for their injuries.
However, they may not be more than 50% responsible for their accident.
Any compensation awarded to an accident victim is reduced by the victim’s percentage of liability for their accident. For example, an accident victim is awarded $100,000 for a slip and fall injury.
That accident victim is found 40% responsible for their accident. Their total monetary award is reduced by $40,000. This leaves the accident victim with a total compensation amount of $60,000.
The attorneys at Dulin McQuinn Young can answer your questions about Colorado’s modified comparative negligence system and any impact it may have on your Denver slip and fall claim.
What Compensation Can You Recover in a Slip and Fall Case?
Compensation for a slip and fall claim in Denver varies from case to case. Some claims settle for around $15,000 while others top $1 million. There are several reasons for this range in compensation.
Every claim is taken on an individual basis and payouts are determined by an accident victim’s:
- Severity of injuries;
- Time away from work;
- Ability to return to any type of work;
- Ability to return to their previous employment; and
- Prognosis for recovery.
The impact of the slip and fall injury on a victim’s overall life is also a factor in compensation. A victim who suffers a long-term injury, must live in chronic pain, or can no longer pursue previously loved activities will likely receive a larger settlement or jury award than a victim who can make a full recovery from their injury.
Although the amount of compensation is different for every Denver slip and fall case, the types of monetary damages available are generally the same.
Slip and fall compensation is composed of economic damages and non-economic damages. Few cases qualify for a third type of damages, called punitive damages.
Economic damages are billable costs associated with an injury. They include but are not limited to:
- Medical bills;
- Hospitalization;
- Doctors’ visits;
- Physical and occupational therapy;
- Prescription drugs;
- Lost income;
- Loss of earning potential; and
- Nursing or long-term care.
Non-economic damages are subjective, personal losses. These damages do not have associated dollar values and may include:
- Pain and suffering;
- Mental and emotional trauma; and
- Loss of enjoyment of life.
Punitive damages are damages meant to set an example of the defendant and deter similar conduct in the future. These damages apply when a defendant’s actions are reckless, on purpose, and without regard to the consequences or the safety of others.
There are caps on non-economic and punitive damages in Colorado. These are on a per-claim basis.
How Long Do I Have to File a Slip and Fall Claim in Colorado?
Slip and fall cases (as well as other premises liability actions) use the general personal injury statute of limitations. A victim or their family has two years to start proceedings from the time their injuries were discovered.
Who Can Be Held Liable for My Slip and Fall Injuries?
In Colorado, various parties may be held responsible for slip and fall injuries, depending on where and how the accident occurred. Potentially liable parties include:
Property Owners and Managers: Individuals or entities that own or manage properties, such as store owners, landlords, or property management companies, have a duty to maintain safe premises. If they fail to address hazardous conditions like wet floors, uneven surfaces, or poor lighting, they can be held liable for resulting injuries.
Government Entities: Slip and fall accidents on public property, such as sidewalks, parks, or government buildings, may involve liability on the part of government agencies. However, pursuing a claim against a government entity involves specific procedures and shorter deadlines. For instance, in Colorado, a notice of claim must typically be filed within 180 days of the incident.
Business Owners: Owners of businesses open to the public are required to ensure their premises are safe for customers. This includes addressing potential hazards promptly. Failure to do so can result in liability for any injuries sustained.
Private Homeowners: Homeowners must maintain their property to prevent injuries to visitors. If a slip and fall occurs due to negligence, such as failing to repair a known hazard, the homeowner may be held responsible.
Determining liability in slip and fall cases can be complex, often requiring a thorough investigation of the circumstances surrounding the accident. Consulting with a knowledgeable personal injury attorney can help identify the responsible parties and navigate the legal process effectively.
How Do I Prove Negligence in a Slip and Fall Case?
If you’ve suffered a slip and fall accident in Denver, you may have a valid legal claim. At our law firm, we’re here to help you navigate the situation and determine the validity of your claim.
To establish the validity of your claim, a few key factors come into play:
- Negligence: If the property owner or possessor’s negligence led to hazardous conditions that caused your slip and fall, you might have a valid claim. This negligence could involve inadequate maintenance, failure to address known dangers, or lack of warning signs.
- Causation: It’s essential to demonstrate a direct link between the property owner’s negligence and your injury. If the dangerous condition was a significant factor in causing your fall, this strengthens your claim’s validity.
- Reasonableness: The law considers whether a reasonable person in the property owner’s position would have taken action to prevent the hazardous condition. If negligence is evident, your claim’s validity is supported.
- Contributory Negligence: It’s also essential to consider if your actions played a role in the accident. If your own negligence contributed significantly, it might impact the validity of your claim.
By partnering with us, we’ll assess the specific circumstances of your slip and fall incident. Our expertise in personal injury cases allows us to determine the viability of your claim. Don’t hesitate to reach out for a free consultation.
Can I Still Recover Compensation If I Was Partially at Fault?
Yes. Under Colorado’s modified comparative negligence law, an injured party can still recover damages even if they are partially at fault, provided they are less than 50% responsible for the accident. The compensation awarded is reduced by the victim’s percentage of fault.
For instance, if a victim is awarded $100,000 in damages but found to be 40% at fault, their compensation would be reduced by $40,000, resulting in a total of $60,000.
Areas We Serve
We serve all over Denver, Colorado, including:
Capitol Hill | LoDo (Lower Downtown) | Highland | Cherry Creek | Washington Park | River North Arts District (RiNo) | Uptown (North Capital Hill) | Baker (South Broadway) | Athmar Park | Five Points | Congress Park | Park Hill | City Park | Cheesman Park | Sloan’s Lake | Platt Park | Sunnyside | Berkeley | Curtis Park | Stapleton | West Highland | Belcaro | Hilltop | Montclair | Cole | Cherry Creek North | Globeville | University Hills | Whittier | Virginia Village | University Park
Don’t Hesitate – Contact Our Denver Slip And Fall Accident Lawyers
Our slip and fall law firm, Dulin McQuinn Young, is dedicated to fighting for your rights and will be there for you every step of the way – from filing a claim to going to trial if necessary – so we can get the best possible outcome for your case.
Slip and fall accidents in Denver can lead to serious injuries and medical expenses. Dealing with insurance companies can be challenging, but an award-winning Denver slip and fall lawyer can help on a contingency fee basis. Seek immediate medical care and let the attorney handle the legal battle, ensuring you get the compensation you deserve. They act as your trusted navigator, fighting for your rights and protecting you from the aftermath of the accident.
We consistently win vast jury verdicts and substantial settlements for our clients. With millions in financial compensation won for our clients, we know how to do the same for you.
Contact us today to book your free, no-obligation case review and free consultation regarding your Denver slip and fall claim.