Losing your footing when you are not expecting to can be a mortifying experience, even if you do not sustain any injuries. Unfortunately, things can get much more complicated if an accidental fall leads to severe harm. For example, your right to demand civil restitution after a slip and fall accident may be limited based on where and how you fell.
Making sense of how state law governs civil claims along these lines could be much easier with support from a seasoned Denver slip and fall lawyer at Roberts Markland LLP. If you need help recovering for the long-term effects of an incident of this nature, our capable personal injury attorney’s guidance could be essential to maximizing your compensation and minimizing the accident’s long-term impact on your life. Learn more by getting in touch with a legal team member today.
In many cases, landowners are liable for slips and falls caused by hazardous property conditions they knew about but failed to fix or warn about in a reasonable amount of time. In addition, landowners may also be liable for injuries caused by risks they should have recognized during a routine inspection of their land.
A negligent landowner can be held responsible for paying for economic and non-economic, past, and future harm an injured person can trace directly back to their accidental fall, including:
A hardworking attorney in Denver could help identify, value, and incorporate compensable damages into a comprehensive lawsuit or settlement demand.
Any percentage of fault a court assigns to a slip and fall victim for causing or worsening their injuries—for example, because they were wearing shoes with no tread that increased the risk of an accident happening—could reduce a plaintiff’s award amount. Furthermore, under Colorado Revised Statutes §13-21-111, anyone found equally or primarily responsible for their own injuries cannot obtain any civil restitution.
Another possible legal obstacle is the cap on recovery for “non-economic” damages like physical pain and emotional distress. For cases arising between January 1, 2022, and January 1, 2024, C.R.S. §13-21-102.5 non-economic recovery cannot exceed $642,180 per case. However, this amount can increase to $1,284,370 if a plaintiff can provide compelling evidence that it is necessary.
Finally, C.R.S. §13-80-102 provides two years maximum for most people hurt by someone else’s negligence to start any lawsuit they intend to pursue against a negligent party. Assistance from a skilled lawyer is essential to navigating these potential roadblocks to financial recovery following a slip and fall in Denver.
Slipping or tripping on someone else’s property can have devastating consequences, especially if you are unfamiliar with what rights state law provides you when pursuing financial restitution afterward. Fortunately, help is available from experienced legal representatives who know how to apply their expertise to your claim and work to get you positive results.
A Denver slip and fall lawyer could discuss your case in detail with you during a private consultation. Schedule a meeting and get started on your compensation claim by calling today.