How to Settle Your Slip and Fall Injury Claim

If you suffer a “slip and fall” injury in Colorado, what should you do?   We’ve all heard the ads from Colorado personal injury attorneys claiming they will get you a quick settlement for a “slip and fall” injury, but few people know the steps that need to be taken immediately following an injury like this. 

First, it is important to know that the law is on your side.  Slip and fall cases are also known as “premises liability” cases, where a landowner or business owner is responsible for certain injuries suffered by people who suffer an injury on their premises.  However, the burden of proof still falls on the victim to prove that the injury was the result of unsafe conditions or negligence.   In other words, you must prove that your injury occurred because the owner of the premises knew there was a hard and did nothing to remedy that hazard.  The simple fact that you were injured on their premises does not automatically constitute negligence on their part or hold them financially responsible. 

What Steps Should You Take When You Slip and fall?

1. As a Boulder personal injury lawyer, I can help you sort out the facts surrounding your case, and determine if you have enough proof to file a lawsuit.  Here are some tips to follow immediately following your injury.After you fall, immediately notify the owner or manager of the property.  Even if you cannot fill out an injury report at the time of the incident, you will have officially notified the property owner that the injury occurred.

2. Try to determine, and make a record of, how your injury occurred.

3. If there are any witnesses who saw you fall, get their personal contact information right away. 

4. If necessary, seek medical treatment for your injury.  Do not refuse medical treatment if it is offered at the time of your accident.  Even if you don’t feel any pain that day, you may feel start feeling it tomorrow.

5. Seek the advice of a Colorado personal injury attorney.  If you skip this step, and begin to cooperate with the property owner’s insurance company, you may inadvertently be waiving your rights to financial recovery.

6. Once you have spoken with an attorney, send the property owner a certified letter notifying them of your intention to file a claim.

7. Notify your personal insurance company of your injury.  Failure to make your insurance company aware may be a violation of your policy’s terms, and could even make you ineligible for a legal defense.

8. Never give an insurance adjuster a statement without your attorney being present, or at least on a three-party phone call. 

9. Work in concert with your medical provider, personal injury lawyer and claims adjuster to settle your claim.

As I mentioned earlier, not every “slip and fall” injury is due to negligence on the part of the property owner.  However, if you follow these ten suggestions, you will have a much better chance of making a valid claim.  Remember  to contact a Boulder personal injury lawyer for steps 5 through 9!