07 May Slip and Fall Attorneys Colorado Springs
Slip and Falls are very common in Colorado
Living in Colorado, we experience colder weather and more snow/ice/etc. than many other places. Property owners should be aware that the general public should be protected from dangerous conditions. Therefore, it is the property owner’s responsibility to maintain their property and keep it safe for others. Most slip and fall accidents can be prevented with reasonable precautions and/or proper maintenance of the property. This includes cleaning up spills and shoveling/salting sidewalks and pathways. At a minimum, the property owner should have some sort of warning to others that a dangerous condition exists.
What is a slip and fall claim?
Similar to motor vehicle personal injury cases, your claim for damages sustained in a slip and fall, are based on negligence. Your claim needs to establish that a property owner was negligent by allowing an unsafe condition to exist that was the cause of your slip and fall and the injuries sustained. Like other negligence claims, you must establish liability and damages. In almost every case, the property owner (or its insurance company) will argue that you were to blame for your fall, and/or the fall did not cause the injuries you sustained.
If you were injured in a fall in Colorado Springs as a result of someone else’s negligence, you should contact the attorneys at Travis Law Group. It is important to hire an experienced slip and fall attorney that can handle the common arguments presented by property owners and insurance carriers.
What should I do if I’ve been injured in a slip and fall?
- You should immediately seek medical attention;
- If you are able, you should fill out an incident report or similar form to evidence your slip and fall;
- While at the scene of your incident, you (or someone else) should take pictures of the area in which you fell, including any substances on the ground, cracks or uneven pavement concrete, etc.;
- Contact an experienced slip and fall attorney; and
- Do not make any statements to insurance companies, property manager, owner, or landlord. Note: we also suggest refraining from posting any information on social media.
What are my time limits?
Pursuant to C.R.S. 13-80-102, injured parties have a two-year deadline from the date of their slip and fall to resolve their case or otherwise file a lawsuit. You can hire a lawyer at any time after your incident; however, you should consider retaining an attorney as soon as possible. The time limit applies regardless of when you retain your attorney, and there are very few exceptions that grant more time.
Do I have to pay my slip and fall attorney?
Slip and fall attorneys are typically paid on a contingent fee basis. This means that you will not receive a bill from your attorney. Instead, your attorney will be paid his contingent fee when a settlement/recovery is obtained. That is what lawyers’ commercials mean when they say they are not paid unless you “win.”
The lawyers at Travis Law Group charge a 1/3 contingency for our slip and fall cases, unless the case requires the filing of a lawsuit. If a lawsuit is required, then our firm incurs considerable costs in order to litigate. Therefore, if your case requires a lawsuit, our contingent fee increases to 40%. Throughout the handling of your case, we provide monthly invoices that show you exactly what work is being done on your case. Even though our clients are not charged an hourly rate, we feel it’s extremely important that you see the work we are performing on your case before settlement is reached.
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FAQs:
1. Will I have to sue someone?
Possibly, but hopefully not. Regardless, the attorneys at Travis Law Group are highly experienced and are prepared to litigate your case if the defendant is unwilling to provide a reasonable settlement.
2. How do I know how much my case is worth?
Some factors that determine the value of your case include, but are not limited to: the extent of your injuries; the type and amount of treatment you received; whether there is permanent injury; and whether or not you require(d) surgery. Insurance adjusters are trained in pointing out the flaws in each and every personal injury case. These adjusters will use any lapse in treatment, prior injuries, age, etc. to lower the value of your claim(s). It is important that you hire a lawyer that can handle the arguments presented by a seasoned insurance adjuster.
3. Should I speak with anyone besides my attorney about my slip and fall?
Unless you are required to give a statement, or are subpoenaed for a deposition, we usually instruct our clients to allow us to handle all communications on their case. It is our experience that much like criminal law, “anything you say can and will be used against you.” Again, the insurance companies are equipped with adjusters trained in using your words against you to diminish the value of your claim.
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