When you go onto another person’s property, you should not have to worry about any type of hazard causing you harm. Unfortunately, there are times when property owners fail to take steps to keep guests and invitees safe. At The O’Sullivan Law Firm, we are here to help if you need a Denver premises liability lawyer by your side. Our team has extensive resources that can be used to fully investigate the claim, determine liability, and secure full compensation on behalf of our clients.
Why Choose The O’Sullivan Law Firm for Your Case?
At The O’Sullivan Law Firm, our team handles every aspect of a case on behalf of the client. This includes investigating what happened, handling insurance carriers, negotiating with other parties, and preparing your case for trial.
Attorney O’Sullivan is a former insurance defense attorney who has now been practicing personal injury law for 25 years. He has a thorough understanding of how insurance companies think, act, and evaluate claims.
We take different premises liability cases on a contingency fee basis, which means that our clients will not have to worry about paying any legal fees until after we obtain the compensation they need.
How a Denver Premises Liability Lawyer Can Help You
An attorney will play an integral role in a premises liability case. Unfortunately, most individuals who are injured in these situations do not have the resources or legal expertise to stand up against aggressive insurance carriers or property owners. The role of an attorney will be multifaceted and will include the following:
Gathering enough evidence to prove the liability of the property owner
Ensuring their client is properly evaluated by a trusted medical professional
Working with economic and financial experts who can correctly calculate total expected losses
Thoroughly reviewing all property owner insurance policies
Negotiating with all parties to reach a fair out-of-court settlement
Fully preparing the case to go to trial, if necessary
What is Premises Liability?
Premises liability is a legal concept that revolves around personal injury claims where an injury occurs that is caused by unsafe or defective property conditions. In order for a premises liability lawsuit to be viable, an injured party has to show that the property owner or operator knew or should have known about a dangerous condition on the premises and they failed to remedy the situation promptly or failed to warn guests of the dangerous condition.
Types of Premises Liability Claims that Arise in Denver
Premises liability cases can arise in various ways in and around the Denver area. In general, these cases will center around the failure of a property owner or their employees to ensure their premises are safe for others. Some of the most common causes of premises liability claims include the following:
These incidents regularly lead to victims sustaining severe injuries. At The O’Sullivan Law Firm, our Denver personal injury attorneys have experience helping clients who have sustained the following types of injuries due to the negligence of a property owner:
Internal illness is caused by exposure to toxins or chemicals
Proving Fault in a Premises Liability Case
Determining fault after an incident involving can be challenging. Determining negligence typically revolves around uncovering evidence needed to prove liability. This can include, but is not limited to, the following:
Photographs taken at the scene of the incident
Video surveillance of the incident
Statements from eyewitnesses
Property owner safety records
Police reports or other incident reports
The goal of a plaintiff in a premises liability claim is to show that a property owner knew or should have known about a hazard present on their premises and failed to take steps to remedy the situation or to warn others of the potential harm they could face.
What Damages Can Be Recovered in a Denver Premises Liability Case?
There may be various types of compensation that individuals can recover if they are injured as a result of the negligent or intentional actions of a property owner. In general, the team at The O’Sullivan Law Firm works vigorously to recover both economic and non-economic damages on behalf of our clients. This includes, but is not limited to, the following:
All medical bills related to the premises liability incident
Coverage of future medical expenses arising due to the injury
Lost income if a victim cannot work while they recover
Household out-of-pocket expenses caused by the injury
Pain and suffering damages
Loss of quality of life damages
The total amount of compensation available in these situations will vary depending on the facts surrounding each particular premises liability case in Denver. An attorney will work with trusted medical and economic experts who can examine the case and help properly determine the client’s total losses.
In the event it is determined that a plaintiff was responsible for causing their own injuries in some way, they may still be able to recover compensation for their losses. Colorado operates under a “modified comparative negligence” system. This means that a person can recover compensation if they are 49% or less at fault for their injuries, though the total amount of compensation they receive will be reduced based on their percentage of fault.
Time Limit for Filing a Premises Liability Lawsuit
It is Imperative that injury victims file a lawsuit as soon as possible after they sustain an injury caused by the negligence of a property owner. In Colorado, the personal injury statute of limitations is two years from the date an injury occurs. Failing to file a lawsuit against the alleged negligent party within this two-year timeframe will likely result in the plaintiff becoming unable to recover the compensation they are entitled to.
However, we also recommend that you not put off filing a claim for very long, even if the statute of limitations is not expired. An attorney needs to get involved quickly, conduct an investigation into the incident, and gather the evidence needed to prove liability.
Call Our Denver Premises Liability Attorney Today
If you or somebody you love has been injured due to the careless or negligent actions of a property owner in the Denver area, contact The O’Sullivan Law Firm for help as soon as possible. Our attorneys have a track record of success handling these cases, and we understand what it takes to secure full compensation for our clients. Our goal is to make sure that clients recover money for their medical bills, lost income, out-of-pocket expenses, pain and suffering damages, and more. When you need a Denver premises liability lawyer, you can contact us for a free consultation or call us at (303) 388-5304.