16 Steps to Take After a Slip and Fall Injury in Colorado
Request Free ConsultationA slip and fall accident can turn an ordinary day into a painful and costly ordeal. Whether you slipped on ice in a Denver parking lot or fell on a wet grocery store floor, the consequences can be overwhelming. Medical bills pile up, injuries disrupt your daily life, and the insurance company may refuse to cover your damages.
Colorado law allows you to seek compensation if someone else’s negligence caused your fall. But knowing what steps to take after a slip and fall injury can be confusing, even precarious to your health and potential legal claim in certain instances.
Slip and fall accidents can result in serious injuries that affect every part of your life. Contact an experienced local attorney to protect your health, your finances, and your legal rights.
Colorado Laws Concerning Slip and Fall Injuries
Slip and fall accidents can happen anywhere, from sidewalks, stores, workplaces, and apartment complexes to restaurants, hotels, and parking lots. In Colorado, winter weather increases the risk in many places, especially when businesses fail to clear snow and ice properly.
Colorado follows general premises liability laws, which hold property owners responsible for maintaining safe conditions on their premises, including the removal of snow and ice. Under Colorado’s Premises Liability Act (C.R.S. § 13-21-115), property owners can be held liable for injuries caused by hazardous conditions, including accumulated snow or ice, if they were aware of the danger and failed to take reasonable steps to address it.
Many Colorado cities have local ordinances that require property owners to remove snow and ice within a specific timeframe. For instance, in Denver, residential and commercial property owners are required to remove snow and ice from sidewalks within 24 hours after snowfall stops. In Boulder, residential property owners have 24 hours to clear sidewalks of snow while businesses have four hours. Aurora, Colorado Springs, Fort Collins, and other cities in Colorado have similar laws that can be a determining factor in slip and fall cases.
Common Causes of Slip and Fall Accidents in Colorado
Under Colorado law, property owners must keep their premises safe for visitors. If they fail to fix a dangerous condition or warn people about it, they can be held liable for injuries. However, proving negligence requires showing that the owner knew (or should have known) about the hazard and failed to fix it.
Some of the most common causes of slip and fall accidents in Colorado are:
- Ice, snow, and slush – Property owners are responsible for clearing ice and snow from sidewalks, stairs, and parking lots within a reasonable time.
- Wet or slippery floors – Grocery stores, restaurants, and malls often fail to mop up spills or put out warning signs.
- Uneven pavement and cracked sidewalks – Property owners may be liable for dangerous walkways that cause people to trip and fall.
- Obstructed walkways – Property owners may be responsible for debris or items left on a walking surface that cause accidents.
- Poor lighting – Dim stairwells and parking lots make it hard to see hazards.
- Loose carpeting or flooring – Torn rugs and uneven floors create tripping hazards.
- Broken or Unstable Flooring – Loose tiles, floorboards, or carpeting and buckled or warped floors can cause falling accidents.
Common Injuries Slip and Fall Accident Victims Suffer
Slip and fall accidents can cause severe injuries, particularly among older adults. Some of the most common injuries include:
- Fractures and broken bones – Wrists, ankles, hips, ribs, and collarbones often take the brunt of a fall.
- Head and brain injuries – Concussions, traumatic brain injuries (TBI), and skull fractures can have long-term effects.
- Spinal cord injuries – Herniated discs, nerve damage, or even paralysis can result from a bad fall.
- Soft tissue injuries – Sprains, torn ligaments, and muscle damage may cause chronic pain.
- Internal injuries – Organ damage and internal bleeding from blunt force trauma can be life-threatening.
- Cuts and lacerations – Deep wounds may require stitches and increase the risk of infection.
Many of these injuries require extensive medical treatment, making it even more important to take legal action if a negligent party was responsible for your fall.
16 Steps to Take After a Slip and Fall Injury in Colorado
Immediate Actions: Protect Your Health and Gather Evidence
1. Stay calm, assess your injuries, and document everything
If you are able, take a moment to evaluate your condition before moving. Some injuries, like fractures or concussions, may not be immediately noticeable. If possible, take photos of the scene, including any hazardous conditions such as ice, water, or debris. Collect contact information from witnesses, as their statements may support your case later. Report the incident to the property owner or manager but avoid making statements about fault or discussing your injuries.
Medical and Legal Follow-Up
2. Seek medical attention immediately
Even if you feel fine, seek medical attention as soon as possible. Some injuries, like internal bleeding or head trauma, may take hours or even days to show symptoms. A medical evaluation not only protects your health but also provides crucial documentation for your claim.
3. Follow your doctor’s orders and keep all records
Adhering to your prescribed treatment plan is essential for both your recovery and your legal case. Keep records of all medical visits, prescriptions, and rehabilitation efforts. Insurance companies often look for gaps in treatment to argue that injuries are not serious.
4. Save receipts, bills, and any expenses related to the injury
Keep a detailed record of all accident-related costs, including medical bills, transportation expenses, and lost wages. These documents serve as critical evidence when calculating the compensation you may be entitled to.
5. Preserve physical evidence
Hold on to any evidence you may have kept from the scene of the accident, including any clothing or other items damaged when you fell. They may provide valuable evidence, especially if they show signs of the accident.
Legal Considerations: Protecting Your Right to Compensation
6. Do not speak to insurance adjusters before consulting a lawyer
Insurance companies are not on your side. Their goal is to minimize payouts, and they use various tactics to achieve that. An adjuster may contact you soon after the accident. While they may sound friendly and concerned, they usually seek ways to devalue your claim and downplay your injuries.
Additionally, insurance companies may try to pressure you into accepting a quick settlement before you fully understand the full extent of your injuries and medical expenses.
Once you accept an offer, you cannot go back and ask for more money if your condition worsens. Hiring an attorney to handle all communications with the insurance company is the best way to protect your rights and the value of your claim so that you receive the compensation you deserve.
7. Consult a slip and fall attorney to file a claim
Hiring an attorney after a slip and fall accident can significantly impact the outcome of your case. An experienced slip and fall lawyer will analyze the circumstances of your accident, identify liable parties, and gather critical evidence such as surveillance footage, maintenance records, and witness statements. They will also work with medical professionals to assess the long-term effects of your injuries and determine the full value of your claim.
8. Review the incident report
If you reported your fall to the property owner, manager, or business, your lawyer will obtain a copy of the accident report. This document can serve as critical evidence in your claim, as it typically includes details about the time, location, and circumstances of the accident, as well as any statements made by employees or witnesses. The report may also note any safety measures taken or hazards present at the time of your fall. If there are any inconsistencies or errors in the report, your slip and fall attorney can address them.
9. Identify the property owner’s insurance provider
Determining the property owner’s insurance provider is a crucial step in seeking compensation for your injuries. Many businesses and landlords carry premises liability insurance, which is designed to cover injuries that occur on their property due to unsafe conditions. If you fell in a commercial establishment, your Colorado personal injury lawyer can obtain this information, either by requesting it from the property manager, checking the business’s website for insurance details, or contacting the business’s manager.
10. Be cautious about social media posts
Insurance adjusters and defense attorneys often monitor social media. Avoid posting about your accident or injuries, as any statement or photo can be taken out of context and used against you.
11. Consult a slip and fall attorney to file a claim
Hiring an attorney after a slip and fall accident can significantly impact the outcome of your case. An experienced lawyer will analyze the circumstances of your accident, identify liable parties, and gather critical evidence such as surveillance footage, maintenance records, and witness statements. They will also work with medical professionals to assess the long-term effects of your injuries and determine the full value of your claim.
12. Keep a regular record of your injuries and how they affect you
Keeping a journal after becoming injured in a slip and fall accident can help you remember important details about your accident. Recording your daily pain levels and other ways that your injuries affect your ability to work, your daily life, and any other part of your life can provide valuable evidence as your claim progresses.
13. Gather additional evidence beyond the incident report
While an incident report is valuable, it is not the only piece of evidence you will need to strengthen your case. Surveillance footage from security cameras can provide visual proof of the accident and show whether hazardous conditions were present for an extended period before your fall. Maintenance records and witness statements can also support your claim for damages.
However, obtaining any of this without a lawyer can be tedious, time-consuming, and even impossible, especially if you are coping with injuries. The more evidence you gather, the harder it is for an insurance company to dispute your claim. A lawyer can help collect and preserve this evidence before it is lost or destroyed.
14. Determine liability and prove negligence
Proving negligence for your injuries is the foundation of your claim for damages. To have a successful slip and fall case, your personal injury lawyer must demonstrate that the property owner or manager knew or should have known about the hazardous condition and failed to take reasonable steps to fix it. Your attorney will investigate whether the property owner had a duty to maintain a safe environment and whether their negligence directly caused your injuries.
15. Calculate the full extent of your damages
A slip and fall accident can lead to a wide range of financial and personal losses, many of which extend far beyond immediate medical bills. To ensure you receive fair compensation, you will work with your Denver slip and fall accident lawyer to calculate all of your damages and losses and the impact that they have had or continue to have on your life. Recognizing the full extent of your damages is key to recovering maximum compensation.
16. Prepare for possible litigation
Insurance companies are more likely to offer a fair settlement when they know your attorney is fully prepared to take them to court. A strong trial lawyer signals to insurers that lowball offers are unacceptable and that they risk losing significantly more if the case goes before a judge or jury. The chances are your slip and fall claim will settle out of court. However, your attorney should be ready to file a personal injury lawsuit if that’s what it takes to get you the full, fair, and complete compensation you deserve.
FAQs About Slip and Fall Cases in Colorado
Do I need an attorney to file a slip and fall claim?
While you are not legally required to have an attorney, hiring one significantly improves your chances of securing fair compensation. A lawyer can gather evidence, negotiate with insurance companies, and take your case to court if necessary to maximize your recovery. Without legal representation, insurers may try to pressure you into accepting a low settlement or refuse to offer you fair compensation for all of your damages.
How much does a personal injury lawyer cost?
Everyone should have access to top-notch legal help after being injured in a slip and fall accident regardless of their financial situation. Your slip and fall accident lawyer should work on a contingency basis, so you pay nothing out of pocket or encounter any up-front costs. Contingency fees are taken as an agreed-upon percentage of your total recovery only if your lawyer wins your case.
How long do I have to file a slip and fall claim in Colorado?
Colorado’s statute of limitations allows you to take legal action up to two years from the date of your slip and fall accident. However, some exceptions exist that may affect the timeline of your case, so consult a personal injury lawyer as soon as you can. If you miss your deadline, you lose your ability to seek compensation.
Can I still file if I didn’t seek medical attention right away?
Yes. Some slip and fall injuries, such as internal bleeding, concussion, traumatic brain injury, and whiplash, may not manifest symptoms right away or they can worsen over time. While it’s always crucial to seek medical attention immediately after an accident, even if you feel fine, consult an attorney to see how your case may proceed.
How much are most slip and fall settlements?
Every slip and fall injury case is different. Your settlement will depend on your medical expenses, lost wages, and the severity of your injuries, among many other factors. Settlements can range from a few thousand dollars for minor injuries to six- or seven-figure amounts for severe, long-term injuries.
How do you win a slip and fall case?
To win, you must prove the property owner was negligent by showing they knew or should have known about the hazard that caused your injury but failed to address it or warn you. A slip and fall accident lawyer knows how to identify liability and establish negligence – important facts of your case that can be extremely difficult to determine on your own.
Get Legal Help After a Slip and Fall in Colorado
If someone else’s negligence caused you to fall and become injured, you shouldn’t have to pay for their mistake. Many slip and fall accidents result in serious injuries that require extensive medical treatments and legal help. Even if you did not suffer severe injuries in the accident, you may still be eligible to claim damages.
A slip and fall lawyer with Fuicelli & Lee Injury Lawyers can handle the legal battle while you focus on your recovery. Call us today to learn more about how we can help you with your claim. Our Denver personal injury law firm works on a contingency fee basis so you have no financial barriers to justice and fair compensation.
Call us at (303) 444-4444 or use our online contact form to schedule a free consultation with one of our compassionate, dedicated, and experienced personal injury attorneys today.