Imagine this: You’re hosting a summer barbecue on your Denver deck, laughing with friends, when suddenly – CRACK! The wooden boards give way, sending you and your guests tumbling down amidst twisted railings and splintered wood. Or maybe you’re just enjoying a quiet morning coffee on your apartment balcony, and the whole structure just… fails.
These aren’t just bad dreams, folks – they’re real accidents that happen more often than you might think, right here in Denver. And when they do, the injuries can be absolutely devastating. We’re talking broken bones, serious spinal injuries, traumatic brain injuries, and in the worst cases, even death.
If you’ve been hurt in a balcony or deck collapse, I bet you’re dealing with a whole lot right now. Medical bills are probably piling up, you might be out of work, and you’re left wondering, “Who’s responsible for this nightmare?” Here’s the good news: You absolutely don’t have to handle this alone, and you could be entitled to serious financial help.
Why Do Decks and Balconies Collapse Here in the Mile High City?
Denver’s unique climate throws some serious curveballs at outdoor structures. We’re talking intense UV exposure up here at altitude, plus those wild temperature swings – from blazing summer heat to bone-chilling winter cold. Toss in our occasional hailstorms and heavy snow loads, and you’ve got a perfect recipe for decks and balconies wearing out way too fast.
But here’s the kicker – proper construction and upkeep should totally account for all of that. When these structures give out, it’s almost always because someone cut corners, skipped inspections, or just plain didn’t do their job right.
Why Balconies and Decks Fail
I’ve seen way too many cases where a simple check-up could have totally prevented a terrible collapse. Most failures usually boil down to a few common problems:
Water Damage and Rot: These are huge problems here in Denver. When water sneaks into wood structures and freezes, it expands and creates cracks. Over time, that leads to rot, which just eats away at the entire structure. I’ve personally seen decks that looked totally fine on top but were completely rotted through underneath – a truly scary thought.
Faulty Connections: The way a deck attaches to the main building? That’s another big problem area. Those metal brackets and bolts that are supposed to hold your deck firmly to your house really need to be put in right and kept up. When they give out, the whole deck can just pull away from the building. Yikes.
Overloading: This happens more often than you’d imagine. Decks and balconies do have weight limits, but most folks have no idea what those limits are. Throw a hot tub on there, pack it with a huge party crowd, or pile on heavy snow removal equipment, and you could easily push the structure past its breaking point.
Poor Construction: Sadly, this is pretty common. Some contractors might use cheap materials, skip getting the right permits, or just flat-out ignore building codes. This is a particularly big headache with older structures that were built before today’s safety standards were even a thing.
Lack of Maintenance: Seriously, just ignoring small problems can turn them into huge dangers. Regular check-ups and repairs are super important, but a lot of property owners skip them to save a buck.
The Human Cost
When these structures fail, the outcome can be absolutely life-changing. I’ve personally worked with clients who’ve gone through:
- Multiple bone fractures requiring surgery and months of physical therapy
- Spinal cord injuries leading to permanent disability
- Traumatic brain injuries affecting cognitive function and quality of life
- Internal injuries from falling debris
- Psychological trauma and PTSD from the accident
The medical bills alone can easily hit hundreds of thousands of dollars. And that’s just for starters. Then you’ve got lost wages, what you might not be able to earn in the future, the sheer pain and suffering, and the ripple effect on your whole family’s life.
Who’s Responsible When Things Go Wrong?
Okay, this is where things get a bit messy, and honestly, it’s exactly why you need someone in your corner who really knows how to dig into these cases. Responsibility can land on several different people or groups, and often, it’s more than one.
Property Owners and Landlords
If you’re renting and that balcony or deck collapses, your landlord is usually on the hook. They’ve got a legal responsibility to keep the property safe and do regular inspections. That means:
- Performing routine maintenance and repairs
- Conducting safety inspections
- Addressing known hazards promptly
- Following local building codes and regulations
I’ve definitely handled cases where landlords knew about issues – maybe previous tenants even complained about wobbly railings or sagging boards – but just didn’t bother to fix them. That’s negligence, plain and simple.
Contractors and Builders
If the whole thing fell apart because of shoddy construction, the contractor who built it could be on the hook. This covers things like:
- Using cheap materials
- Failing to follow building codes
- Improper installation of key parts
- Skipping required inspections
Construction defect cases can get pretty complicated because you might have to trace things back years to find the person or company responsible. But these cases often lead to substantial payouts because the negligence is usually pretty obvious.
Property Management Companies
Lots of apartment complexes and condos use management companies to take care of maintenance and repairs. If they dropped the ball on their responsibilities, they can be held accountable for injuries.
Architects and Engineers
If the design itself was messed up, the folks who drew up the plans might share some of the blame. This isn’t super common, but it can happen with really complex structures.
Material Manufacturers
Sometimes the problem isn’t the building or the upkeep – it’s actually with defective materials. If a key part failed because of a manufacturing flaw, the company that made it could be responsible.
Understanding Your Rights in Colorado
Colorado law gives folks who’ve been hurt several ways to go after compensation after a structural collapse. The trick is knowing which legal arguments fit your specific situation.
Premises Liability
This is probably the most common type of claim we see in balcony and deck collapse cases. Property owners have a responsibility to keep their places reasonably safe for anyone visiting or living there. If they fail at that, and someone gets hurt, they can be held accountable.
To win a premises liability case, we need to show:
- The property owner owed you a duty of care (meaning they had a responsibility to keep you safe)
- They breached that duty by failing to maintain safe conditions
- This failure directly caused your injuries
- You suffered actual damages as a result
Negligence Claims
Think of negligence as just plain carelessness – failing to act the way a reasonable person would in the same situation. This could apply to contractors who didn’t build things right, landlords who totally ignored maintenance issues, or property managers who skipped those all-important inspections.
Product Liability
If faulty materials or parts caused the collapse, you might have a product liability claim against the manufacturer. These cases can be quite strong because manufacturers usually have really good insurance to cover things like this.
Construction Defect Claims
Colorado actually has specific laws that deal with construction defects. If your injury happened because of shoddy building work, you might be able to get compensation from the contractor, the subcontractors, and even the folks who supplied the materials.
The Investigation Process: Building Your Case
When I take on a balcony or deck collapse case, we jump right into the investigation. Evidence can vanish super fast, especially if there’s pressure to clean up and fix the damage. So, here’s what absolutely needs to happen:
Immediate Scene Documentation
We need photos and videos of everything – the collapsed structure, how the debris fell, the surrounding areas, and any obvious flaws. This documentation has to happen before anyone even thinks about cleaning up or making repairs. It’s that important.
Structural Engineering Analysis
We bring in really smart structural engineers to take a close look at what failed. They can figure out exactly what went wrong – whether it was a design problem, a building mistake, or just poor upkeep. Their expert opinion is often key to showing who’s at fault.
Building Records Review
We dig deep into permits, inspection reports, construction documents, and maintenance records. Sometimes, we find the “smoking gun” – like failed inspections that were totally ignored or complaints that just went unaddressed.
Witness Interviews
Anyone who saw the collapse or knew about problems with the structure beforehand could be a super helpful witness. We also track down other tenants or visitors who might have noticed issues.
Weather and Environmental Factors
Sure, Denver’s weather can play a part in structural failures, but it definitely doesn’t let anyone off the hook for bad construction or maintenance. We look at weather patterns, snow loads, and other environmental factors that might have played a role.
Calculating Your Compensation
Every case is unique, of course, but there are pretty standard types of compensation we look for in balcony and deck collapse cases.
Medical Expenses
This includes everything related to your medical care:
- Emergency room visits and ambulance transport
- Hospital stays and surgery costs
- Ongoing medical treatment and rehabilitation
- Physical therapy and occupational therapy
- Prescription medications and medical equipment
- Future medical care needs
Medical bills in serious injury cases can easily hit six figures, especially if you need multiple surgeries or long-term care.
Lost Wages and Earning Capacity
If your injuries keep you from working, you’re owed compensation for:
- Time off work during recovery
- What you can’t earn if you can’t go back to your old job
- Lost benefits like health insurance and retirement contributions
- Future income you’ll miss out on if your injuries are permanent
Pain and Suffering
This covers all the physical pain and emotional distress your injuries have caused. It’s trickier to calculate than, say, your medical bills, but it’s often the biggest part of a settlement or jury award.
Property Damage
If your personal stuff got wrecked in the collapse, you can get money for its value. This could be anything from furniture and electronics to clothes or other items that were on the deck or balcony.
Loss of Consortium
If your injuries impact your relationship with your spouse, they might also be able to get compensation for the loss of companionship and support.
The Legal Process: What to Expect
Filing a lawsuit might sound super intimidating, but knowing what to expect can really help calm your nerves. Here’s generally how it goes:
Initial Chat and Case Review
This is where we sit down, talk about what happened, go over your injuries and medical treatment, and figure out how strong your case looks. Most personal injury attorneys, including us here at McCormick & Murphy, P.C., offer free consultations for cases like this.
Investigation and Discovery
Once we take your case, the real detective work kicks into high gear. We gather evidence, chat with witnesses, bring in experts, and build the strongest possible case to get you compensated.
Filing the Lawsuit
In Colorado, you usually have two years from the date you were injured to file a personal injury lawsuit. We’ll file your case in the right court and officially let the defendants know they’re being sued.
Discovery Phase
This is when both sides swap information and evidence. We might take sworn testimony from witnesses, ask for documents from the defendants, and have experts check out the scene.
Settlement Negotiations
Most cases actually settle before ever going to court, often during mediation (where a neutral person helps everyone talk) or through direct talks. We’ll work hard to get you the best possible settlement, keeping you in the loop every step of the way.
Trial
If we just can’t get a fair settlement, then we’ll take your case to trial. This is where having seasoned trial attorneys like Kirk McCormick and Jay Murphy really shines. With over 60 years of combined experience, they know exactly how to explain complicated structural failure cases to a jury so they get it.
Common Challenges and How We Handle Them
Balcony and deck collapse cases can throw some curveballs that definitely need experienced legal help.
Multiple Defendants
A lot of times, several different parties share the blame for a structural failure. The property owner, the contractor, the management company, and others might all be on the hook. This can make the case trickier, but it also means more potential places to get compensation from.
Insurance Company Tactics
Insurance companies are in the business of making money, so they’ll try every trick in the book to pay out as little as possible. They might say the collapse was an “act of God,” argue you were partly to blame, or even question how badly you’re really hurt. Having attorneys who specialize in insurance bad faith cases – like us at McCormick & Murphy – can make a huge difference here.
Proving Negligence
Showing that someone’s carelessness caused the collapse means getting expert opinions and doing a super thorough investigation. We team up with structural engineers, construction experts, and other pros to build really strong evidence that proves who’s responsible.
Statute of Limitations Issues
Colorado’s two-year statute of limitations (that’s the time limit to file a lawsuit) can be pretty tricky in construction defect cases. Sometimes the clock starts ticking from when you found out about the defect, not when the bad construction actually happened. Getting legal advice quickly is super important to protect your rights.
Types of Structures and Common Failure Points
Not all balconies and decks are built the same, and different types of structures have different weak spots.
Wooden Decks
Wood is still the most popular material for home decks in Denver, but it’s also the most susceptible to our crazy climate. Common issues include:
- Ledger board failures: This board attaches the deck to the house and carries most of the weight. If it’s not sealed right or if the screws rust, the whole deck can just pull away from the building.
- Post and beam issues: When support posts touch the ground, they can rot, especially if they weren’t treated right or if water doesn’t drain well.
- Joist problems: The floor joists can sag or crack if they’re too small or if moisture gets to them.
- Railing failures: Deck railings have to meet specific height and strength rules. Loose or flimsy railings can cause falls even if the deck itself is fine.
Apartment Balconies
Multi-story apartment balconies have their own special set of challenges:
- Cantilever construction: Many balconies stick out from the building with no ground support. If the inside structure fails, the whole balcony can just drop.
- Concrete deterioration: Older concrete balconies can get cracks that let water in, which then rusts the rebar inside and makes the whole thing fail.
- Connection point stress: The spot where the balcony connects to the main building takes a huge amount of stress, especially in tall buildings that get hit by a lot of wind.
Rooftop Decks
These are getting super popular in Denver’s urban areas, but they come with extra risks:
- Membrane failures: The waterproof layer under a rooftop deck is super important. If it gives out, water can totally mess up the building structure below.
- Wind load issues: Rooftop structures get hit with much stronger winds than decks on the ground.
- Access problems: Getting out in an emergency can be way harder from rooftop structures.
Composite and Synthetic Materials
While these materials are great at resisting rot and bugs, they still have their own quirks:
- Heat expansion: Some composite materials can really expand a lot in Denver’s hot summer sun, leading to connection failures.
- UV degradation: Even though manufacturers promise durability, some synthetic materials can get brittle after years of intense UV exposure.
- Installation issues: These materials often need special installation tricks that not all contractors are familiar with.
Building Codes and Inspection Requirements
Knowing a bit about Denver’s building codes can really help explain why collapses happen and who should be held accountable.
Current Code Requirements
Denver follows the International Building Code, but with some local tweaks. Important requirements for decks and balconies include:
- Live load capacity: Decks must support at least 40 pounds per square foot of live load (people, furniture, etc.) plus the dead load of the structure itself.
- Guardrail height: Railings must be at least 42 inches high for commercial buildings and 36 inches for residential.
- Connection requirements: Specific fastener types and spacing are required for deck-to-house connections.
- Footing depth: Support posts must extend below the frost line (30 inches in Denver) to prevent heaving.
Inspection Process
New construction needs several inspections:
- Footing inspection: Before concrete is poured
- Framing inspection: After the structure is built but before decking is installed
- Final inspection: Before occupancy is allowed
The big problem is that a lot of older structures were built before today’s codes, and there’s no rule for ongoing inspections of existing decks and balconies. Kind of scary, right?
Grandfathering Issues
Structures built before current codes aren’t automatically forced to be upgraded, but property owners still have a responsibility to keep them safe. This can lead to some complicated questions about who’s responsible when older structures fail.
The Role of Weather and Environmental Factors
Denver’s climate puts unique pressure on outdoor structures, which can totally play a part in failures.
Freeze-Thaw Cycles
Our temperature swings are brutal on building materials. Water gets into tiny cracks, freezes and expands, then thaws and shrinks. Over time, this can just wreck even really well-built structures.
UV Exposure
Up here at 5,280 feet, Denver gets super intense UV radiation that can break down materials way faster than at lower elevations. This is a particular headache for composite materials and metal fasteners with protective coatings.
Snow Loads
Colorado building codes require structures to handle a lot of snow, but sometimes the actual snowfall can be even more than what they were designed for. More often, though, property owners just don’t get load limits and pile snow removal equipment or other heavy stuff on decks.
Hail Damage
Denver’s hailstorms can ding up protective coatings and create spots for water to sneak in. Even tiny hail damage can cause much bigger issues down the road.
Wind Loads
Being on the High Plains means our structures get hit with pretty strong winds, especially at higher elevations. Rooftop decks and high-rise balconies are especially at risk.
Red Flags: Warning Signs of Structural Problems
If you’re a tenant or property owner, there are definitely warning signs that could point to structural problems before a terrible collapse happens.
Visual Indicators
- Sagging or uneven surfaces: If a deck or balcony doesn’t look level, there might be structural problems underneath.
- Cracks in concrete: Any cracks in concrete balconies should be investigated, especially if they’re growing.
- Rust stains: These often indicate corroding metal components.
- Loose railings: If railings move when you lean on them, the fasteners might be failing.
- Soft or spongy spots: These could indicate rot in wooden structures.
- Gaps between the structure and building: This might mean the connections are failing.
Sound and Feel Indicators
- Creaking or groaning noises: Structures should be relatively quiet under normal loads.
- Vibration or bouncing: Excessive movement under normal use is a red flag.
- Squeaking fasteners: This might indicate loose or failing connections.
Water Damage Signs
- Standing water: Poor drainage can lead to structural damage over time.
- Water stains: These indicate ongoing moisture problems.
- Mold or mildew: These suggest moisture infiltration that could be damaging structural components.
If you spot any of these red flags, take pictures and report them to your landlord or property manager right away. If they don’t take it seriously, you might want to chat with an attorney about your options.
Emergency Response and Evidence Preservation
If you’re caught in a balcony or deck collapse, what you do right after can totally impact your ability to get compensation later on.
Immediate Safety Concerns
Your first priority, obviously, is getting medical attention for anyone hurt. Call 911 immediately, and please don’t try to move seriously injured people unless they’re in immediate danger.
Once emergency responders show up, try to make sure the scene is kept safe. Sometimes there’s pressure to clean up super fast, especially in apartment complexes, but keeping that evidence untouched is so important for your case.
Documenting the Scene
If you’re able, or if someone else can do it for you:
- Take photos and videos of everything – the collapsed structure, how the debris fell, your injuries, and the surrounding area.
- Get contact information from witnesses, including other tenants who might have noticed problems before the collapse.
- Document weather conditions – was it windy, snowy, or otherwise unusual?
- Save any pieces of the structure that seem important, especially if they show obvious flaws.
Dealing with Insurance Companies
Do not give recorded statements to insurance companies without talking to an attorney first. Insurance adjusters are trained to pay out as little as possible, and they might ask tricky questions designed to shrink your claim.
Be polite but firm: “I need to speak with my attorney before giving any statements.” You’re not required to talk to the other party’s insurance company at all.
Medical Documentation
Go get medical attention even if you don’t think you’re badly hurt. Adrenaline can hide pain, and some injuries don’t show up right away. Having medical records from immediately after the accident is super important for your case.
Follow up with your doctor if you develop any new symptoms, and keep all medical records and bills related to your injuries.
Mental Health Considerations
Please don’t ignore the psychological impact of your accident. Many people develop anxiety, depression, or PTSD after traumatic accidents like structural collapses. Mental health treatment is just as important as physical treatment, and you can get compensation for it as part of your damages.
Special Considerations for Different Types of Properties
The kind of property where your accident happened can totally affect your legal options and how strong your case is.
Rental Properties
If you’re a tenant and your landlord’s balcony or deck collapsed, you usually have pretty strong legal protections. Landlords have a responsibility to keep their rental properties safe and livable, and that definitely includes making sure all the structural parts are solid.
Colorado’s Warranty of Habitability law actually requires landlords to keep rental properties in good shape. A structural collapse is definitely a violation of this, and landlords can’t just wiggle out of this responsibility in their lease agreements.
Homeowner Associations and Condos
If the collapse happened on property managed by a homeowner association (HOA), the HOA might be on the hook for maintenance and repairs. But figuring out exactly who’s responsible really depends on the HOA’s official rulebook.
Sometimes individual unit owners are responsible for their own balconies, while other times the HOA takes care of all outside maintenance. We’ll need to look through the CC&Rs (that’s their Covenants, Conditions & Restrictions) and other HOA paperwork to figure out who’s truly responsible.
Commercial Properties
If you were hurt on a commercial property – like a restaurant deck or an office building balcony – the property owner generally has a responsibility to keep the place safe for customers and visitors. Commercial property owners are often held to a higher standard than regular landlords, too.
Public Property
If the collapse happened on government property, there might be special rules for telling them about it and shorter deadlines for filing claims. The Colorado Governmental Immunity Act gives government groups some protection, but they can still be on the hook for dangerous conditions they knew about (or should have known about).
Working with Experts and Investigators
Balcony and deck collapse cases almost always need expert opinions to prove what went wrong and who’s responsible.
Structural Engineers
These are probably the most important experts in structural failure cases. They can:
- Take a close look at the failed structure and figure out why it collapsed.
- Calculate how much weight it should have held and whether it was overloaded.
- Check the design and construction against industry standards.
- Explain what caused the collapse and if it could have been prevented.
Construction Experts
These pros really get building codes, industry standards, and how to build things right. They can talk about whether the original construction met all the rules and if any changes or repairs were done correctly.
Materials Scientists
When we suspect bad materials, these experts can:
- Analyze the failed parts to figure out why they broke.
- Test the material’s properties against what it was supposed to be.
- Look at how it was made and the quality control.
- See if the materials met industry standards.
Safety Experts
These pros can talk about industry safety standards and whether property owners followed the right inspection and maintenance rules.
Economic Experts
For cases where there are big future financial losses, economic experts can figure out:
- What you can’t earn over your remaining working life.
- Future medical costs, adjusted for inflation.
- The current value of future damages.
- The financial hit of permanent disabilities.
Medical Experts
These experts explain:
- The nature and extent of your injuries
- Treatment options and prognosis
- Future medical needs and costs
- Impact on quality of life and daily activities
Mediation and Alternative Dispute Resolution
Most personal injury cases actually get settled before ever going to trial, often through mediation or other ways to work things out without a courtroom battle.
What is Mediation?
Mediation involves a neutral third party (the mediator) who helps both sides talk through things and try to reach a settlement. The mediator doesn’t make decisions, but they help everyone communicate better and find common ground.
Advantages of Mediation
- Cost effective: Less expensive than trial
- Faster resolution: Can be scheduled relatively quickly
- Confidential: Discussions aren’t public record
- Flexible: Can be tailored to the specific case
- Preserves relationships: Less adversarial than trial
The Mediation Process
- Getting ready beforehand means gathering all the important paperwork, figuring out your damages, and coming up with negotiation plans.
- Opening statements allow both sides to present their positions to the mediator and each other.
- Joint sessions involve face-to-face discussions with all parties present.
- Private caucuses allow the mediator to meet separately with each side to explore settlement possibilities.
- Agreement or impasse – mediation either results in a settlement agreement or an impasse requiring other resolution methods.
When Mediation Works
Mediation is most effective when:
- Both sides are willing to negotiate in good faith
- Liability is reasonably clear
- Damages can be calculated with reasonable certainty
- The parties want to avoid the uncertainty and expense of trial
When Trial is Necessary
Sometimes mediation doesn’t work, and trial becomes necessary. This might happen when:
- The insurance company refuses to make reasonable settlement offers
- There are significant disputes about liability
- The parties disagree about the extent of damages
- The insurance company is acting in bad faith
Trial Preparation and Strategy
If your case goes to trial, really thorough preparation is key to success.
Jury Selection
Picking the right jury is super important in structural collapse cases. We look for jurors who:
- Understand the importance of building safety and maintenance
- Don’t have biases against personal injury cases
- Can understand technical stuff about engineering and construction
- Will fairly evaluate damages including pain and suffering
Case Presentation Strategy
- Opening statements need to tell a really clear story about what went down and why the defendants are responsible. We use pictures, videos, and simple words to help jurors grasp tricky technical issues.
- Witness testimony must be carefully orchestrated to build a logical case. We typically start with fact witnesses who saw what happened, then bring in experts to explain the technical issues.
- Visuals and models like photos, videos, computer animations, and scale models really help jurors understand what happened and why.
- Closing arguments tie everything together and ask the jury for specific damages based on the evidence presented.
Dealing with Defense Arguments
Defendants will try to minimize their liability and your damages. Common defense strategies include:
- Blaming the victim for overloading the structure or ignoring warning signs
- Claiming the collapse was an “act of God” due to unusual weather or other unforeseeable events
- Arguing about causation – claiming something else caused your injuries
- Minimizing damages by disputing how badly you’re hurt or its impact on your life
We know how to fight back against these arguments and present strong evidence of who’s responsible and what you’re owed.
Post-Trial Procedures
If your case goes to trial and you win, that’s not necessarily the absolute end of the road legally speaking.
Collecting Your Judgment
Getting a win from the jury is one thing – actually getting the money is another. Most defendants have insurance, but sometimes there are arguments about what’s covered, or the insurance just isn’t enough to pay the whole amount.
Appeals
The party who loses has the right to appeal the jury’s decision. Appeals can drag on for months or even years, and sometimes they lead to new trials or lower awards.
Settlement During Appeals
A lot of times, cases get settled during the appeals process because both sides want to avoid the ongoing uncertainty and cost of fighting it out in higher courts.
Prevention and Building Safety
While your main focus is probably on getting better and getting compensated, it’s still good to understand how these accidents can be stopped from happening in the first place.
Regular Inspections
Property owners really should do yearly check-ups of all balconies and decks, looking for:
- Structural integrity of support posts, beams, and connections
- Surface conditions like loose boards or damaged railings
- Water damage and drainage problems
- Fastener condition and tightness
- Load capacity and weight restrictions
Professional inspections every few years can catch problems before they become dangerous.
Proper Maintenance
Small problems turn into big problems if they’re just ignored. Replacing loose screws, sealing cracks, and fixing drainage issues quickly can prevent terrible collapses.
Load Awareness
Property owners and anyone using these structures need to understand weight limits. Hot tubs, big parties, and even just too much snow can all push the structure past what it’s built to handle if not managed right.
Code Compliance
When doing repairs or making changes, property owners should make sure the work meets today’s building codes, even if the original structure was “grandfathered in” under older rules.
Professional Construction
Big repairs or new construction should always be done by licensed contractors who truly understand current codes and how to do things right. Permits and inspections aren’t just annoying hoops to jump through – they’re safety measures that literally protect lives.
User Education
Property owners should educate tenants and users about:
- Weight limits for balconies and decks
- Proper use of outdoor structures
- Warning signs of potential problems
- Reporting procedures for maintenance issues
The Emotional Impact of Structural Collapse Accidents
Please don’t underestimate the emotional toll of being involved in a balcony or deck collapse. These accidents are truly traumatic events that can leave lasting emotional scars.
Common Psychological Reactions
Many accident victims experience:
- Post-traumatic stress disorder (PTSD) with flashbacks, nightmares, and anxiety
- Depression related to injuries, lifestyle changes, and financial stress
- Anxiety about using similar structures in the future
- Sleep disturbances and concentration problems
- Social withdrawal and relationship difficulties
Getting Help
Mental health treatment is just as important as physical treatment, and you can get compensation for it as part of your damages. Don’t hesitate to reach out for help from:
- Psychologists who specialize in trauma and PTSD
- Psychiatrists who can prescribe medication if needed
- Support groups for accident victims
- Family counseling to address relationship impacts
Impact on Family Members
And don’t forget, your accident impacts your entire family. Spouses and kids might also benefit from counseling to help them cope with all the changes in your lives.
Looking Toward the Future
Recovering from a serious accident is a journey that definitely takes time. While getting fair compensation is a big piece of the puzzle, it’s just one part of moving forward with your life.
Focusing on Recovery
Your health and getting better should be your absolute top priority. Follow your doctors’ advice, go to all your medical appointments, and don’t push yourself too hard too soon.
Financial Planning
If you get a significant settlement or jury award, think about working with financial planners who really understand personal injury payouts. They can help you:
- Structure settlements to provide long-term financial security
- Plan for future medical expenses and care needs
- Protect assets from creditors and taxes
- Provide for your family’s long-term needs
Advocacy and Prevention
Some of our clients actually become advocates for building safety and preventing accidents. While this isn’t for everyone, it can be a really powerful way to help stop others from going through similar awful experiences.
Taking Action: Your Next Steps
If you’ve been hurt in a balcony or deck collapse in Denver, here’s what you really need to do:
Immediate Actions
- Get medical attention if you haven’t already, even if you don’t think you’re seriously injured.
- Document everything – take photos, get witness information, save all medical records and bills.
- Report the accident to your insurance companies.
- Don’t give recorded statements to other insurance companies without legal advice.
Legal Consultation
Contact an experienced personal injury attorney as soon as possible. Most attorneys, including McCormick & Murphy, P.C., offer free consultations for personal injury cases.
During your consultation, bring:
- Photos and videos of the accident scene and your injuries
- Medical records and bills related to your treatment
- Insurance information for all relevant policies
- Contact information for witnesses
- Any emails, letters, or notes from talks with insurance companies
Questions to Ask
When meeting with potential attorneys, ask about:
- Their experience with structural collapse cases
- Their trial experience and success rate
- Fee arrangements and costs
- Timeline for your case
- Communication – how often will they update you?
Why Time Matters
Don’t wait to get legal help. Here’s why acting fast is so important:
Statute of Limitations
Colorado generally gives you two years from the date of injury to file a personal injury lawsuit. This might seem like a lot of time, but it goes by quickly when you’re dealing with medical treatment and recovery.
In some cases, the statute of limitations might be different:
- Construction defect cases might have longer time limits.
- Government liability often has shorter deadlines and special notice requirements.
- Discovery rule might apply if the flaw wasn’t immediately obvious.
Evidence Preservation
Physical evidence can disappear quickly after a structural collapse. Property owners want to clean up and repair damage, witnesses’ memories fade, and weather can destroy important evidence.
Witness Availability
Witnesses are easier to locate and interview soon after an accident. People move, change jobs, and forget details over time.
Medical Documentation
Getting quick medical attention and legal advice helps make sure your injuries are well-documented and clearly linked to the accident.
Choosing the Right Attorney
Not all personal injury attorneys are the same. Here’s what to look for:
Relevant Experience
Look for attorneys who have specific experience with:
- Structural collapse cases and building failures
- Complex personal injury litigation
- Insurance bad faith claims
- Trial experience in similar cases
Resources and Capabilities
Structural collapse cases need a lot of resources for:
- Expert witnesses and technical analysis
- Investigation and evidence gathering
- Medical evaluations and life care planning
- Trial preparation and presentation
Track Record
Ask about the attorney’s track record with similar cases, including:
- Settlement amounts and verdicts obtained
- Client testimonials and references
- Professional recognition and awards
- Peer reviews and ratings
Personal Compatibility
You’ll be working closely with your attorney for months or years. Make sure you’re comfortable with their:
- Communication style and responsiveness
- Approach to handling cases
- Personality and professionalism
- Commitment to your case
McCormick & Murphy: Your Advocates in Denver
When you’re dealing with serious injuries from a structural collapse, you need attorneys who understand both the legal ins and outs and the personal challenges you’re facing.
McCormick & Murphy, P.C. brings over 60 years of combined experience to every case. Kirk McCormick and Jay Murphy have been specializing in personal injury and insurance bad faith cases since 1990, giving them deep knowledge of how these cases work and how to get the best results for their clients.
What Sets Them Apart
Specialized focus: Unlike general practice attorneys who do a little bit of everything, we at McCormick & Murphy focus specifically on personal injury and insurance bad faith cases. This means we really understand the ins and outs of structural failure cases and know exactly how to build strong arguments to get you the most compensation.
Trial experience: Many personal injury attorneys rarely go to trial, but McCormick & Murphy are experienced trial lawyers who’ve been admitted to practice in Colorado state and federal courts, as well as other courts throughout the United States. Insurance companies know this, which often leads to better settlement offers.
No risk to you: The firm handles most personal injury claims on a contingent fee basis, meaning you don’t pay attorney fees unless they recover money for you. If there’s no recovery through settlement or judgment, there’s no fee.
Personal attention: McCormick & Murphy understands the challenges clients and their families face following a personal injury. They’re dedicated to helping clients move through the legal process with personal care and attention, enabling them to focus on recovery.
Getting Started
If you’ve been hurt in a balcony or deck collapse in Denver, don’t wait to get legal help. Contact McCormick & Murphy, P.C. today for a free consultation.
Address: 1547 N Gaylord St UNIT 303, Denver, CO 80206
Phone: (888)-668-1182
You can also visit their professional services profile to see client reviews and learn more about their qualifications.
The office is conveniently located in Denver’s Uptown neighborhood, easily accessible from throughout the metro area. You can find directions on Google Maps.
Final Thoughts
Balcony and deck collapses are serious accidents that can cause life-changing injuries. If you’ve been hurt in one of these accidents, you’re probably dealing with physical pain, emotional trauma, financial stress, and uncertainty about the future.
The legal system provides a way to hold responsible parties accountable and get compensation for your injuries and losses. While money can’t undo what happened, it can provide the resources you need to get the best medical care, replace lost income, and rebuild your life.
Don’t try to handle this alone. The insurance companies and responsible parties have experienced attorneys and investigators working to minimize their liability. You need equally experienced advocates on your side.
McCormick & Murphy, P.C. has been helping Denver accident victims for decades. They understand the challenges you’re facing, and they know how to get results. With their experience, resources, and commitment to client service, they can help you get the compensation you deserve and move forward with your life.
The most important thing right now is focusing on getting better and protecting your legal rights. Let experienced attorneys handle all the legal ins and outs while you concentrate on healing. Contact McCormick & Murphy today to learn more about your options and get the help you need.
Remember, you don’t have to accept what happened to you, and you don’t have to handle the aftermath alone. Help is available, and you deserve to have experienced advocates fighting for your rights and your future.
