When you suffer a slip and fall injury, you have two main pathways to compensation: you can file an insurance claim, or you can file a lawsuit against the at-fault party. To prove that you are eligible for a settlement, you and your Denver slip and fall attorney will need to prove that the at-fault party was responsible for your injury and that he or she acted in negligence.
You and your attorney will need to present evidence to satisfy the following four elements to settle your slip and fall claim.
First, you will need to prove that the at-fault party owed you a duty of care.
Second, you will need to prove that the at-fault party breached this duty of care in some way.
Third, you will need to prove that the breach of care directly caused your injuries.
Fourth, you will need to prove that you can collect damages for your injuries through your slip and fall lawsuit.
For example, say that your landlord refuses to fix your uneven walkway, even when you ask him to. Your trip on the walkway and break your arm. Because it was your landlord’s duty to maintain the premises and he broke that duty, you have legal grounds for your claim.