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A slip and fall accident can happen almost anywhere, from grocery stores and restaurants to apartment complexes, office buildings, and parking lots. While some falls result in only minor bruises, others can lead to broken bones, traumatic brain injuries, spinal cord injuries, or other serious medical conditions that require extensive treatment and time away from work.
If you were injured in a slip and fall accident caused by unsafe property conditions, you may have the right to pursue compensation. However, that right does not last forever. Colorado law establishes deadlines for filing personal injury lawsuits, and waiting too long could prevent you from recovering damages altogether.
At Walker Law, we help injured individuals throughout Denver understand their legal rights after slip and fall accidents. Knowing how long you have to file a claim and whether you have a valid case are important first steps toward protecting your future.
The statute of limitations is the legal deadline for filing a lawsuit.
In Colorado, most slip and fall claims are subject to a two-year statute of limitations. In general, this means you have two years from the date of the accident to file a personal injury lawsuit against the party responsible for your injuries.
If you fail to file your lawsuit before the applicable deadline expires, the court may dismiss your case, preventing you from recovering compensation for your medical expenses, lost wages, pain and suffering, and other damages.
Although two years may seem like plenty of time, building a strong slip and fall case often requires an extensive investigation. Evidence can disappear, surveillance footage may be erased, and witnesses' memories can fade. Acting promptly helps preserve important evidence and gives your attorney more time to prepare your claim.
Not every slip and fall accident results in a valid personal injury claim.
Simply falling on someone else's property does not automatically mean the property owner is legally responsible. Instead, you generally must show that the property owner or another responsible party was negligent in maintaining reasonably safe conditions.
You may have a slip and fall case if your injuries were caused by a hazardous condition that the property owner knew about or reasonably should have known about but failed to address.
Examples of dangerous conditions include:
Every case depends on its specific facts, including how long the hazard existed and whether reasonable steps were taken to correct it or warn visitors.
Colorado property owners have legal duties to maintain reasonably safe premises for lawful visitors.
The extent of those responsibilities may vary depending on why someone was on the property. For example, businesses that invite customers onto their premises generally have a duty to inspect for hazards and either correct dangerous conditions or provide adequate warnings.
Examples of properties where slip and fall accidents commonly occur include:
When property owners fail to take reasonable steps to address known hazards, they may be held responsible for injuries that result.
To recover compensation in a slip and fall claim, you generally must establish that another party's negligence contributed to your injuries.
Depending on the circumstances, this may involve proving:
Insurance companies frequently dispute one or more of these issues, making evidence an important part of every claim.
The sooner evidence is collected, the stronger your claim may be.
Helpful evidence often includes:
If possible, take photographs immediately after the accident before the dangerous condition is repaired or removed.
An experienced attorney can also work to preserve surveillance footage and obtain additional evidence that may not be available to you directly.
Although Colorado's statute of limitations generally provides two years to file a lawsuit, waiting until the deadline approaches can make your case much more difficult.
Over time:
Consulting an attorney soon after the accident allows an investigation to begin while evidence is still available.
Early legal guidance can also help you avoid mistakes when communicating with insurance companies.
If another party's negligence caused your injuries, you may be entitled to recover compensation for both economic and non-economic damages.
Depending on your case, compensation may include:
The amount of compensation available depends on factors such as the severity of your injuries, the impact on your daily life, and the available evidence supporting your claim.
Property owners and insurance companies sometimes argue that the injured person was responsible for the fall.
For example, they may claim you:
Colorado follows a modified comparative negligence system. If you are found partially responsible for the accident, your compensation may be reduced by your percentage of fault. If you are found to be 50 percent or more at fault, you may be barred from recovering damages.
Because fault can significantly affect the value of your claim, having a thorough investigation is essential.
Slip and fall claims are often more complicated than many people expect. Property owners and insurance companies frequently dispute liability, question the seriousness of injuries, or argue that the hazardous condition was open and obvious.
An experienced attorney can help by:
If you believe you were injured because of unsafe property conditions, our Denver slip and fall attorneys can evaluate your case, explain your legal options, and pursue the compensation you deserve.
If you were injured in a slip and fall accident, understanding Colorado's filing deadlines is only one part of protecting your legal rights. Determining whether you have a valid claim, preserving evidence, and taking action before the statute of limitations expires can all play an important role in the outcome of your case.
At Walker Law, we are committed to helping injury victims throughout Denver seek the compensation they deserve after preventable accidents. If you believe a property owner's negligence caused your injuries, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
