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Almost everyone at one time or another has tripped on something, missed a step, lost their footing, and had a fall. While some slips and falls leave you only a little sore for a few days, others can lead to severe injuries. In some cases, a serious fall accident can lead to death or permanent disability.
If you have been injured in a slip and fall, you may be facing years of costly medical care. When your slip and fall accident is a result of the negligence of another person, they may be held responsible for your medical expenses and other losses that you suffer from the fall. For more information about the legal options available to you, reach out to the Denver personal injury attorneys at Fuicelli & Lee.
Why Choose Fuicelli & Lee
- Fuicelli & Lee is an accomplished Denver personal injury law firm, representing clients who have suffered catastrophic injuries as a result of someone else’s reckless or careless actions.
- As a boutique law firm, we do not measure our success by the volume of cases we handle, but by the difference that we make in our clients’ lives.
- Our firm is selective about the cases we accept. If we do not believe wholeheartedly in the merits of your case, we will tell you right away. We will be honest and straightforward with you throughout every step of your legal process.
If you are suffering because of an injury you sustained from a slip and fall, you should contact our Denver slip and fall lawyers as soon as possible. When you call Fuicelli & Lee, your initial consultation is free. You do not have to worry about paying fees to get an initial evaluation of your case. For more information, call Fuicelli & Lee today at (303) 355-7202.
What Can Happen After a Slip and Fall?
The Centers for Disease Control and Prevention (CDC) reports that one out of five falls causes serious injury, including broken bones and head injury. Millions of elderly people fall every year, but less than half of them report the falls to their doctors. Not every slip and fall accident will result in a serious injury, but when they do, they can be catastrophic and have a long-term or permanent impact on the victim.
Falls can result in broken bones, fractures, and traumatic brain injury. In fact, the CDC reports that falls are the most common cause of head injuries. Falls from portable ladders are one of the leading causes of occupational deaths and serious injuries.
What Is Premises Liability?
Although most people think of retail buildings when they think of slips and falls, fall accidents can happen anywhere. Wet floors inside a building or ice in a parking lot are common hazards that may result in a premises liability claim if a property owner failed to warn others of these hazards or act to prevent them.
Every person who owns a property must take reasonable steps to ensure that the property is safe for individuals who come onto the property. Any private or commercial property owner, who fails to maintain safe conditions on their property, may be held responsible for injuries or death suffered by persons who come on the property. Those persons could be invitees, licensees, or trespassers.
If you are on a property with the consent and knowledge of the property owner, you would either be an invitee or a licensee. You would get full protection from the law if you are injured on the property during a slip and fall accident because of the negligence of the property owner.
Who Is Legally Responsible for My Slip and Fall in Denver?
If you fall inside a commercial property, such as a shopping mall, you might be confused about whom to hold responsible for your injuries. The law in Colorado provides that the landowner is responsible. The landowner, in every instance, will depend on the type of building. The law defines a landowner as a person who is:
- An authorized agent or a person in possession of the property; and
- A person who is legally responsible for the condition of the property, the activities conducted on the property, or the circumstances existing on the property.
Proving Negligence in a Slip and Fall Accident Claim
In order to succeed in recovering damages in a slip and fall case, your lawyer will need to prove that the elements of negligence were present when you experienced your fall injury. In Colorado, these pertain to:
- That you experienced injuries, losses, or damages
- That the landowner knew about a danger on the property
- The landowner failed to exercise a reasonable amount of care to prevent injuries to others
- That the failure to do the former resulted in the injuries you experienced.
If it is determined that you have a strong case, your slip and fall accident lawyer will begin by investigating the basic premises of your claim and gathering evidence to support it. They may discover valuable information in the form of security camera footage, witness testimony, and medical evidence from your injuries themselves that can help document the extent of your losses.
Is a Property Owner also Responsible for Injuries Suffered by a Trespasser?
Colorado’s Premises Liability Act defines a trespasser as any person who enters or remains on another person’s property without the property owner’s consent.
Property owners usually take measures to keep trespassers off their property. Some install security devices; others create dangerous hazards on their property to deter trespassers from entering the property.
While trespassing is illegal, under Colorado’s Premises Liability Act, a trespasser does have some, if limited, protection. An injured person who was found to be trespassing may recover compensation from a property owner if their injuries were willfully or deliberately caused by the property owner. For example, if a property owner puts up a high-voltage electrical fence, with no warning signs, because they want to teach trespassers a lesson, that would be a willful and deliberate action intended to cause injury to trespassers.
What if I Had a Pre-Existing Condition?
When you are seeking compensation from someone whose actions have caused you injury, they may try to escape liability by blaming your injuries on something else. However, there is something in law called the thin skull or eggshell skull doctrine that applies to slip and fall injuries.
Under this doctrine, a person who causes harm to someone else must take their victim as they find them. This means that if you, as the victim, had a pre-existing condition that was aggravated by the fall, the property owner will still be responsible for your injuries. A pre-existing degenerative bone condition that is aggravated by your fall, or a unique psychological makeup that results in paranoia and diminished enjoyment of life after the fall, will not stop you from getting compensation.
Having an experienced slip and fall lawyer who knows the laws and can protect your interests is essential. Without knowledge of the law and access to professional experts, you may be cheated out of the full compensation that you deserve.
How Much Compensation Can I Get for a Slip and Fall Accident?
The amount of compensation you can claim will depend on the particular facts of your case. Many businesses and public establishments in Denver carry premises liability coverage through an insurance company.
However, even when this safety net exists, it’s not always enough to truly compensate injured persons for the damages they sustained in a slip and fall case. In these instances, your attorney will be able to negotiate your fall injury claim toward a reasonable settlement. Should we be unable to reach a favorable outcome out of court, our experienced trial lawyers will not hesitate to pursue compensation through a premises liability lawsuit.
In addition to economic damages related to medical bills and expenses, and past and future economic losses, some injured victims might also be entitled to non-economic damages for pain and suffering, and impairment of quality of life. Traumatic brain injuries and bodily harm resulting in permanent complications or disabilities can be truly devastating in the long term. These have the potential to reach much higher settlements and verdicts than a slip and fall claim with more minor losses.
Although a slip and fall attorney cannot promise you a specific amount of compensation, they can give you an estimate based on their past experience with similar cases.
Your compensation in a slip and fall claim might include:
- Past and future medical expenses related to your injury
- Lost wages or loss of earning capacity
- Assistive medical devices or modifications to your home
- Pain and suffering
- Loss of companionship or consortium in the event of wrongful death
An experienced Denver slip and fall accident attorney can create an estimation of your total losses and create a strategy that seeks your total compensation for them. Our lawyers have seen many fall accidents and premises liability claims; however, we recognize that each one is unique. Your needs and circumstances will determine, to a large extent, what our legal team can recover for you in a personal injury claim.
Do I Need a Denver Slip and Fall Attorney?
Whether your case is settled or proceeds to court, having a slip and fall attorney advocating for you will undoubtedly put you in a better position. A slip and fall attorney knows all the tactics that defendants use to try to escape liability and counter them. They are also prepared with knowledge of the law and evidence to support your claim.
If you have been injured in a slip and fall, contact the Denver slip and fall attorneys at Fuicelli & Lee today. Don’t wait until time runs out on your claim before you make that call. For more information and a free initial assessment of your case, call us at (303) 355-7202.
“Lori Tolle and her team are fantastic! They communicate well and are very compassionate. They made a complicated case go much smoother than anticipated. I highly recommend Fuicelli & Lee, P.C.” – Troy H. ⭐⭐⭐⭐⭐
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Fuicelli & Lee, PC – Denver Office
1731 Gilpin Street
Denver, CO 80218
P: (303) 355-7202