Joseph A. Lazzara. P.C.

Call Now For A Free Personalized Case Evaluation

(720) 900-2996

Joseph A. Lazzara. P.C.

Colorado Slip And Fall Accidents

When you’re injured in a slip and fall accident in Greenwood Village, whether your slip and fall attorney files an insurance claim or a personal injury lawsuit, Colorado tort laws will affect your case. Two of the most important tort laws are the statute of limitations and comparative rules, which can affect your right to recover compensation, if you share some amount of fault for the accident that caused your injuries.

The Slip And Fall Statute Of Limitations In Colorado

The statute of limitations that will affect a slip and fall injury claim in Greenwood village is the same as the one that applies to all personal injury cases. Negligence cases must be filed within two years of the accident. The timer starts running on the date of the slip and fall accident unless the victim died as a result of the slip and fall injury, and their family member wishes to file a wrongful death claim. Then, the statute of limitations is still two years, but the timer starts on the date of the person’s actual death.

Whether your slip and fall negligence lawsuit is for injury or property damage, the success or failure of your case will most likely depend on whether your slip and fall attorney can prove that the defendant failed to take any reasonable steps to keep the property safe for visitors and to prevent your slip and fall accident.

If you or your slip and fall attorney tries to file your lawsuit after the deadline set by the state’s statute of limitations has already expired, the property owner’s attorney will almost certainly ask the judge to dismiss the case. If the judge grants that dismissal, your case is over before it can even begin. In some rare cases, the statute of limitations timer may pause, giving you more time to get your case started. Talk to a slip and fall attorney for the details on these exceptions in Greenwood Village, Colorado.

Comparative Negligence In Greenwood Village, Colorado Slip And Fall Cases

When making a slip and fall claim, it is likely that the property owner will argue that you hold some amount of responsibility for the accident. It’s a tactic used in nearly every slip and fall case in every state, including Colorado. If the property owner is successful in proving that you were partially responsible, any settlement or court award you receive can be significantly less than it would have been otherwise. You may even end up with no compensation at all.

According to Colorado law, if your share of fault is equal to or greater than the negligence of the person against whom you seek recovery, the court will enter a judgment for the defendant. That means that if you’re found to be 50 percent or more responsible for causing the incident that led to your slip and fall injury, you will lose your case, and you can no longer recover any compensation from the property owner.

Joseph Lazzara, Esq.

Call Now For A Free Personalized Case Evaluation
(720) 900-2996