Slip and Falls
Are you the victim of a slip or fall or trip and fall? Was it due to the negligence of an individual or organization? One of our personal injury attorneys at Springs Law Group can help you file a slip and fall lawsuit in Colorado Springs.
It's important to get legal help right away. Don't talk to the negligent individual or organization without one of our attorneys present. They do not have your legal best interests in mind.
At Springs Law Group, our attorneys make sure you get the damage rewards you deserve. Again, don't delay. Contact us right now to discuss your case at no cost. All consultations are also strictly private and confidential: (719) 421-7141
What Are "Slip & Falls" or "Trip and Fall" Accidents?
Typically, when a lawyer or insurance adjuster talks about a "slip and fall" or "trip and fall" accident, they're referring to accidents that occur because of the condition of someone's property creates an unsafe condition. A slip and fall accident can range in severity from an embarrassing situation that results in a sprain to one that's more severe in nature. According to a Pepperdine University in Malibu study, mega-retailer Wal-Mart reports around 1,000 such injuries on a daily basis. These injuries to customers are either caused by a slip and fall or by merchandise falling on them. Additional thousands of people are injured from slip and fall accidents on a yearly basis according to FindLaw. Many of these injuries are severe in nature and result in broken bones and/or the loss of mobility. Elderly people are at the most risk for complications in these incidents.
When Should You Seek a Lawyer For a Slip And Fall Case?
If can be difficult to determine if you should consider a lawsuit or not after a slip and fall. In general, we at Springs Law Group advise you to avoid suing if your slip and fall accident was minor. If your ego is bruised more than anything else, it's best to avoid the process of a lawsuit. However, if your slip and fall injury has resulted in a loss of mobility or you experienced a severe bone break or sprain, contact us to learn more about slip and fall lawsuits. We are happy to talk to you during your free consultation. We can help you decide the best course of action in your situation.
Proving Fault is Crucial in a Slip And Fall Case:
A slip and fall lawsuit can be particularly difficult to prove. This is because you and your legal team have to prove that a property owner is responsible for your slip and fall accident. The applicable standard for slip and fall liability changes depending on the injury victim's purpose on the property. For example, a store owner has a higher duty to its customers than it does to trespassers. Even private homeowners are held to different safety standards depending on the reason for the visit. If you have someone over for a social visit, your duties regarding unsafe conditions on your property are not as high as those that apply to trespassers, and are lower than those you owe someone with whom you are transacting business. For this reason, it is likely important that you consult with an experience slip and fall attorney to determine which standard of liability would apply to your particular accident.
What is Considered Reasonable in a Slip And Fall Case?
The success of any negligence claim or slip and fall case hinges on the defendant's actions. Did they conduct themselves in a reasonable manner? Did they take care of their property and seek to keep it clean and safe? The following are some helpful questions you should answer. They will help you determine if a property owner was, in fact, responsible for your injuries:
- Had the spot where you tripped or slipped been present long enough for the property owner to discover it and fix it?
- Did the property owner regularly examine, clean and maintain their property? Is there some proof of these actions?
- If you tripped over an object, was there a legitimate reason for their object to be present?
- If the object was there for a good reason, could it have been made safer with a covering or other method? Could it have been moved to another area? Could a warning or barrier have prevented an accident?
- Did broken or dimmed lighting contribute to your accident?
- Did your own actions contribute to the accident?
Proving Negligence in a Slip And Fall Case:
Your legal team must prove negligence in a slip and fall case as mentioned above. To prove negligence, your lawyer will prove four different aspects. They are as follows in legal terms:
- Duty of Care: This means the negligent party had a duty to avoid causing an injury.
- Breach of Duty: This means the property owner or negligent party exposed you or others to substantial risk by not maintaining the proper level of safety on its property.
- Causation: This means the negligent party's act or failure to act caused the injuries that you're claiming.
- Harm: This means you suffered losses or "damages" due to your injury. This can be in the form of medical bills that you accrued due to your injury or loss of wages as you were unable to work.
What Does a Slip and Fall Lawyer Do?
A slip and fall lawsuit requires a legal professional's knowledge. It is not always easy to prove a property owner is at fault, as you may have learned. A slip and fall lawyer understands the difficulties involved in these cases. They also know how to acquire a good settlement offer and when to take such an offer. Keep in mind there is a limited time for you to file a claim for your slip and fall accident. Contact us at Springs Law Group as soon as possible after your accident in order to ensure you don't run out of time to issue a claim.
How Much Does a Lawyer Cost?
Most slip and fall lawyers receive their payment when you win your case. They will take a portion of your compensation as their fee after your claim is settled or decided, which is called a "contingency fee," usually around a third to 50%, depending on the facts of your case and the risk involved. However, others charge an hourly rate. This usually ranges from $100 to $500 an hour. We would be surprised to see a slip and fall handled on a flat-fee basis, but that is another possible fee arrangement.
What Happens in a Slip and Fall Lawsuit?
A slip and fall lawsuit is a personal injury case. As such, it works much the same way as cases involving claims for a car accident injury or an injury from a dog bite. You or your attorney files your complaint and it gets "served" on the defendant (the person or company responsible for your injuries). If your case is in Colorado, the judge will almost certainly order that you go to mediation, which is where a neutral person tries to help the parties reach a settlement agreement. If you don't reach an agreement for a settlement, your case will eventually go to court where a judge will make the final decision about your case.
It's Important to Contact Us As Soon As Possible
Avoid communicating with the negligent party or their legal representation without an attorney present. This is not something you want to handle on your own. Do not admit any fault on your part. Simply contact us at Springs Law Group right now and we will guide your from start to finish.
Contact us for a free initial consultation to discuss your case.
Contact InformationSprings Law Group
6215 Corporate Dr, Suite 101
Colorado Springs, CO 80919