A slip and fall can cause various injuries, from broken bones to brain injuries and everything in between. You might have a legal claim if you or your loved one suffered a slip and fall injury because of someone else’s negligence. But you must file your lawsuit within the applicable slip and fall statute of limitations in Colorado. If you fail to meet this deadline, you may never be able to bring your claim against the at-fault party.
The Gerash Steiner Blanton, P.C., slip and fall team fights for injury victims and their families. We can review your case and advise you on the deadline that applies to your claim. Additionally, we can help you understand if filing a lawsuit or settling is in your best interest. Contact us today.
What Is a Slip and Fall Claim?
A slip and fall claim is a type of premises liability claim. Premises liability claims hold landowners responsible for maintaining their property and taking reasonable steps to protect occupants. For example, hotels should keep the floors decluttered and put up “Wet Floor” signs to alert patrons of spills.
When landowners fail to meet their obligations to the public, they may be held liable under the theory of negligence. Negligence has four basic components:
- Duty of care – The landowner owes you and other patrons a duty to act reasonably and take ordinary care of their premises.
- Breach of duty of care – The landowner didn’t meet their obligation by acting a certain way or failing to take action.
- Injury – You suffered an injury or damages because the landlord failed to meet their duty of care.
- Causation – The breach of duty caused your injury.
You also need to ensure that you bring the claim within the slip and fall statute of limitations in Colorado.
A slip and fall attorney can help you investigate and file your claim with the appropriate entity.
What Is the Slip and Fall Statute of Limitations in Colorado?
The slip and fall statute of limitations is the time frame within which you must bring your personal injury claim against the at-fault parties. Put another way, it’s the deadline by which you must file a lawsuit against the at-fault parties to recover compensation for your injuries.
If you miss this deadline, you may be unable to bring a legal claim against those responsible. Exceptions may apply to your situation that can lengthen the deadline, but you shouldn’t depend on those. Instead, you should talk to a slip and fall lawyer to ask if you have a claim and when you need to file the lawsuit. You should also be aware that claims against governmental entities usually have a much shorter limitation period.
How Long Do You Have to Sue for a Slip and Fall?
So, how long do you have to sue for a slip and fall injury? In most cases, you have two years to file the slip and fall claim. The two-year “clock” typically begins on the date that the incident that caused you harm occurred. Thus, a claim might accrue when the cause of the accident and injury is known or, through reasonable diligence, should be known.
If the slip and fall caused your loved one’s death, you have two years from the date of their death to file a wrongful death action.
Let’s say that you or your loved one are disabled during or after the accident. Does this impact the statute of limitations? The short answer is that it might. You still have the same timeframe to file the lawsuit, but the time you are under a legal disability may pause the clock.
The best way to find out what deadlines apply to your Colorado slip and fall claim is to contact an attorney. They can listen to your story, review the evidence, and determine when you need to file your legal claim.
Our attorneys have decades of combined experience helping Colorado’s personal injury victims pursue justice.
What Do I Need to Do to Bring a Successful Slip and Fall Claim?
As we discussed above, you will have to prove all four elements of negligence to have a successful slip and fall claim. But how do you go about doing that?
First, you should seek medical attention after the accident. Being seen by a doctor helps ensure that you receive the medical care and treatment you must be healthy. Additionally, seeing a doctor helps create a paper trail that you can use to prove your claim. After all, you’ll have to prove you suffered an injury from the accident.
Next, make sure that you keep accurate records of what happened. Make a note of things like:
- What happened leading up to the slip and fall?
- Were there witnesses?
- Were employees nearby when it happened?
- Did the employees or store say anything to you when you slipped and fell?
- How has your pain been since the accident?
- What steps have you taken to mitigate your injuries and damages from the accident?
These details can come into play during the case and may determine the strength and weaknesses of your case. Your personal injury attorney can use this information to evaluate your claim and uncover more details.
How Much Compensation Can I Receive for My Slip and Fall Claim?
How much compensation you receive for your slip and fall claim depends on many factors. These might include:
- The damages that plaintiffs (injury victims) have received in similar cases;
- The facts surrounding the accident;
- The amount of insurance that the at-fault party carries;
- The nature and extent of your injuries;
- The degree to which you are at fault for the accident; and
- The law that applies to your case.
You increase the likelihood of recovering compensation for your injuries if you hire an attorney. At-fault parties and insurance companies are more likely to take your claim seriously if you have an attorney on your side.
Further, an attorney understands the law that applies to your case and helps you maximize your recovery.
Gerash Steiner Blanton—Colorado Slip and Fall Attorneys You Can Depend On
When bars, restaurants, hotels, or other businesses don’t do their job, people like you can suffer serious slip and fall injuries.
We make it our job to help injury victims reclaim their lives and pursue legal claims on their behalf. We’re not afraid to fight for you in the courtroom or at the negotiation table.
Our team helps ensure our clients feel valued, not a number in a sea of files. At our firm, you’ll receive personalized attention from the attorney assigned to your case. We leverage our decades of trial experience to bring claims to an effective and efficient resolution. If you or your loved one suffered a slip and fall injury, give our office a call or contact us online today.