Requirements for a Denver Slip and Fall Accident Case
When seeking damages for an injury you have sustained at another’s property, a distinguished personal injury attorney can discuss the details of your case with you. They can prepare you to try fulfilling the requirements for a Denver slip and fall accident case. An attorney knows the potential impact of duty of care and other elements of the incident when beginning a trial presentation for damages.
Understanding the Duty of Care in Slip and Fall Cases
Both parties have a duty of care. Primarily, it is the property owner and that will depend on why the person was on the property but the injured person also has the responsibility to keep an eye out for dangerous conditions themselves and not willfully just ignore things that they could have otherwise seen and prevented.
Learning about common injuries in a claim is not considered one of the requirements for a Denver slip and fall accident case. However, an attorney may believe it to be beneficial to learn more about the individual’s type of claim. The most common injuries that are seen from slip and fall cases are broken bones specifically to either their front or lower leg or their elbow from having to hit the ground and not being able to catch themselves. These falls could also result in head injuries.
Likelihood of Claim Rejection
The property owner often has the responsibility to either look for dangerous conditions if they have an invitee over. They must also have taken visible measures to fix the problem or address it with the visitor. When the case reaches court, the judge can reject a case if there was not enough time for the landowner to find out about the dangerous condition before the accident. If someone spills water inside of a grocery store and then the person immediately slips, there wasn’t a reasonable amount of time for them to discover that, and then if they are suing a party that is not actually responsible for the dangerous condition and didn’t have the titleholder, for example, of the property, then the case gets thrown out.
How are Slip and Fall Cases Appealed?
Appealing requirements for a Denver slip and fall accident case differ from the steps one needs to take in the initial claim filing process. A slip and fall case may be appealed if a person files a lawsuit and the defendant files, typically, a motion to dismiss or motion for summary judgment and the judge agrees with the defendant that they are not the responsible party or they did not have enough time to discover the dangerous condition or, in fact, there was not one, and within three months, they have to file an appeal. It is heard by the Colorado Court of Appeals first and then a person can appeal it further to the Supreme Court of Colorado.
What the Injured Party Should Know About Slip and Fall Cases
It is common for back and neck injuries to not show up within the first week so they definitely need to keep an eye out for how they are feeling and keep a pain journal and document what they are feeling each day and make sure they tell their doctor everything that is going on with their body.
Typically, there is a lot of specialized law and regulations that come into play in showing that there was a dangerous condition that the property should have been aware of. These cases can be very expensive to try. They may need to hire experts and pay for their fees upfront before the individual is able to get a settlement, and then, number three is kind of the same thing, just that these are extremely difficult cases.
When To Contact an Attorney About Filing a Claim
To learn more about the specific requirements for a Denver slip and fall accident case, contact an attorney immediately after the injury to help prevent evidence from being lost. If they slipped and fell on ice, they want to get pictures right away to show the dangerous condition, and obviously, that can go away within a couple of days. It is mainly just to maintenance the evidence. If they have any kind of incident report from the store, they should bring any photos of the dangerous condition, and if they have been to the ER, they can bring their medical records if they have them.