Denver Stairway Accidents: When Those Steps Turn Dangerous

You know what’s crazy? Every single day, thousands of people in Denver climb countless staircases without giving it a second thought. We’re talking apartment buildings, office complexes, shopping centers, restaurants, parking garages – you name it. But here’s something that might surprise you: stairway accidents are way more common than most folks realize, and when they happen, they can absolutely wreck your life.

I’ve been around Denver long enough to see how these accidents play out, and let me tell you, it’s rarely just about someone being “clumsy.” More often than not, there’s a real problem with the stairs themselves – broken handrails that give way when you need them most, lighting so dim you can’t see where you’re stepping, or steps that are so uneven they’re basically booby traps waiting to catch you off guard.

The thing is, property owners have a legal responsibility to keep their stairs safe. When they don’t, and you get hurt because of it, that’s not just bad luck – that’s negligence. And if you’re dealing with the aftermath of a stairway accident right now, you’re probably wondering what your options are and how you’re going to handle the medical bills, lost wages, and everything else that comes with a serious injury.

Why Denver’s Stairways Can Be So Dangerous

Let’s start with the obvious stuff. Denver’s got some unique challenges when it comes to stair safety. We’re dealing with buildings that range from brand-new construction to structures that have been around since the early 1900s. That means you’ve got a real mixed bag when it comes to building codes, maintenance standards, and overall safety.

The weather doesn’t help either. Those freeze-thaw cycles we get here can wreak havoc on outdoor stairs, creating cracks, loose steps, and surfaces that become slippery when wet. Then there’s the snow and ice factor – how many times have you seen outdoor stairs that look like an Olympic luge track in January?

But honestly, the weather’s just part of the story. The bigger issue is that many property owners treat stair maintenance like it’s optional. They’ll spend thousands on fancy lobby renovations but ignore the fact that their stairwell lighting hasn’t been updated since the Clinton administration.

The Real Culprits Behind Most Accidents

When I look at stairway accident cases, three problems come up over and over again. These aren’t random issues – they’re predictable, preventable problems that property owners should be addressing before someone gets hurt.

Handrails that aren’t doing their job are probably the biggest issue I see. You’d think a handrail would be pretty straightforward, right? Put up a rail, make sure it’s sturdy, call it a day. But you’d be amazed at how many handrails are loose, broken, or missing entirely. I’ve seen cases where someone grabbed a handrail during a fall, only to have it come right off the wall. That’s not just poor maintenance – that’s a serious safety hazard.

Lighting problems are another huge factor. We’re not talking about stairs that are completely pitch black (though that happens too). More often, it’s stairs with burnt-out bulbs that nobody bothers to replace, shadows that hide step edges, or lighting that’s so dim you can’t tell where one step ends and the next begins. Your eyes need time to adjust when you’re moving from a bright area to a darker stairwell, and if the lighting isn’t adequate, that adjustment period can be dangerous.

Uneven or damaged steps round out the big three. This includes everything from steps with different heights (which throws off your natural rhythm) to broken concrete, loose carpeting, or steps that have worn down unevenly over time. Your brain expects each step to be consistent, and when they’re not, that’s when accidents happen.

Understanding Your Legal Rights After a Stairway Accident

Here’s where things get interesting from a legal standpoint. When you’re injured on someone else’s property because of a dangerous condition, you might have what’s called a premises liability claim. Basically, property owners have a duty to keep their premises reasonably safe for people who are legally on the property.

The key word there is “reasonably.” Nobody expects perfection, but they do expect property owners to address obvious hazards and maintain their property in a way that doesn’t put visitors at unnecessary risk.

What Makes a Strong Stairway Accident Case

Not every stairway accident is going to result in a viable legal claim, but certain factors definitely strengthen your case. If the property owner knew about the dangerous condition (or should have known about it) and didn’t fix it, that’s a big red flag. Same thing if the condition violated building codes or safety standards.

Documentation is absolutely critical here. Photos of the accident scene, witness statements, incident reports – all of that stuff matters. The more evidence you have showing that the property owner was negligent, the stronger your case becomes.

Medical documentation is equally important. You need to be able to show not just that you were injured, but how those injuries have affected your life. We’re talking medical bills, lost wages, ongoing treatment needs, and the impact on your daily activities.

Time Limits You Need to Know About

In Colorado, you generally have two years from the date of your accident to file a personal injury lawsuit. That might sound like plenty of time, but trust me, it goes by faster than you think. Plus, evidence can disappear, witnesses can forget details, and the longer you wait, the harder it becomes to build a strong case.

That doesn’t mean you need to file a lawsuit right away, but you definitely want to talk to an attorney sooner rather than later. Many personal injury attorneys, including the folks at McCormick & Murphy, P.C., offer free consultations, so there’s really no downside to getting professional advice early on.

The Most Common Types of Stairway Injuries

When people fall on stairs, the injuries can be pretty severe. Unlike a simple trip and fall on level ground, stair accidents often involve multiple impacts as someone tumbles down several steps. The results can be devastating.

Head and Brain Injuries

Head injuries are probably the scariest consequence of stair accidents. When someone falls down stairs, their head often hits the steps, railings, or walls multiple times. Even what seems like a “minor” head injury can have long-lasting effects.

I’ve seen cases where people seemed fine immediately after the accident – they got up, dusted themselves off, and went about their day. But hours or days later, they started experiencing headaches, confusion, memory problems, or other symptoms that indicated a traumatic brain injury.

The tricky thing about brain injuries is that they’re not always obvious right away. Unlike a broken bone, where you know immediately that something’s wrong, brain injuries can have delayed symptoms. That’s why it’s so important to get medical attention after any stair accident, even if you feel okay at first.

Spinal Cord Injuries

Falls down stairs can also cause serious damage to the spine. The twisting and impact forces involved in a stair fall can result in herniated discs, fractured vertebrae, or even spinal cord injuries that cause paralysis.

These injuries often require extensive medical treatment, including surgery, physical therapy, and long-term care. The costs can be astronomical, and the impact on someone’s ability to work and enjoy life can be permanent.

Broken Bones and Fractures

Broken bones are probably the most common serious injury from stair accidents. Arms, legs, wrists, ankles, hips – pretty much any bone can be broken when someone tumbles down stairs. Hip fractures are particularly common in older adults and can be especially serious.

The thing about broken bones is that they often heal, but not always perfectly. Someone might end up with limited mobility, chronic pain, or arthritis in the affected joint. These long-term consequences need to be factored into any legal claim.

Soft Tissue Injuries

Don’t underestimate soft tissue injuries like sprains, strains, and torn ligaments. These injuries might not show up on X-rays, but they can be incredibly painful and debilitating. Someone with a severe ankle sprain might not be able to work for weeks or months, especially if their job requires standing or walking.

Soft tissue injuries can also become chronic problems. What starts as a simple back strain from a stair fall might turn into years of ongoing pain and mobility issues.

Broken Handrails: When Your Safety Net Fails

Let’s dive deeper into one of the biggest problems I see with Denver staircases: handrails that don’t do their job. A handrail isn’t just decoration – it’s a safety device that can mean the difference between catching yourself during a stumble and taking a serious fall.

What Makes a Handrail Safe

A proper handrail needs to meet certain standards. It should be mounted securely to the wall or balusters, positioned at the right height (usually between 34 and 38 inches), and be strong enough to support someone’s full body weight if they fall against it.

The rail itself should be easy to grip – not too thick, not too thin, and without any sharp edges or splinters that could cut someone’s hand. It should also run continuously along the stairs without gaps or interruptions.

Building codes also require handrails to extend beyond the top and bottom steps, giving people something to hold onto as they transition on and off the stairs. This might seem like a small detail, but it’s actually really important for preventing falls.

Common Handrail Problems

Loose mounting is probably the most dangerous handrail problem. I’ve seen cases where handrails were attached with just a couple of screws into drywall, with no backing or proper anchoring. When someone puts their weight on a rail like that, it can pull right out of the wall.

Improper height is another issue. Handrails that are too high or too low don’t provide proper support. If you have to reach up or down to grab the rail, it’s not going to be there when you need it most.

Gaps in coverage can be just as dangerous as no handrail at all. If the rail stops short of the top or bottom of the stairs, people might lose their grip right when they need support most.

Poor maintenance leads to rails that are wobbly, splintered, or corroded. A handrail with sharp edges or rough surfaces might actually cause someone to let go instead of holding on during a fall.

Who’s Responsible for Handrail Maintenance

Property owners are responsible for making sure their handrails meet safety standards and stay in good repair. This includes regular inspections, prompt repairs when problems are identified, and replacement when rails are too damaged to fix.

In commercial properties, this responsibility often falls to property management companies or maintenance staff. But ultimately, the property owner is liable if someone gets hurt because of a defective handrail.

For rental properties, landlords have a duty to maintain common areas, including stairways and handrails. Tenants shouldn’t have to worry about whether the handrail in their apartment building is going to hold their weight.

Poor Lighting: When You Can’t See the Danger

Adequate lighting is absolutely critical for stair safety, but it’s something that gets overlooked way too often. Your eyes need to be able to clearly see each step, identify any hazards, and judge distances accurately. When the lighting is poor, even a perfectly maintained staircase can become dangerous.

How Much Light Is Enough

Building codes typically require a minimum level of illumination for stairways, usually measured in foot-candles. But here’s the thing – meeting the minimum code requirements doesn’t always mean the lighting is actually safe for everyone who uses the stairs.

Older adults, for example, need more light than younger people to see clearly. Someone with vision problems might need even more illumination. A lighting level that seems fine to a 25-year-old property manager might be completely inadequate for a 65-year-old tenant.

The quality of light matters too. Harsh fluorescent lighting that creates deep shadows can be just as dangerous as dim lighting. Ideally, stairway lighting should be even and consistent, without glare or dark spots that hide step edges.

Common Lighting Problems

Burnt-out bulbs are the most obvious problem, but they’re also the most preventable. There’s really no excuse for a property owner to leave stairways in darkness because they couldn’t be bothered to change a light bulb.

Inadequate fixtures are a bigger issue. Some stairways were designed with lighting that barely met code requirements when the building was new, and those requirements might not be adequate by today’s standards. Plus, light output decreases over time as fixtures age and get dirty.

Poor placement can create dangerous shadows and blind spots. Lights that are positioned incorrectly might illuminate the walls but leave the actual steps in shadow. This is particularly problematic with decorative lighting that looks nice but doesn’t actually provide functional illumination.

Inconsistent lighting between floors or sections of stairs can be dangerous too. When someone moves from a brightly lit area to a dimmer one, their eyes need time to adjust. If the transition is too abrupt, they might miss a step during that adjustment period.

Emergency and Exit Lighting

Emergency lighting is required in many commercial buildings, but it’s not always adequate for safe stair use. Those little battery-powered emergency lights might provide enough illumination to find your way out during a fire, but they don’t necessarily provide enough light to safely descend stairs.

Exit lighting is important too. People need to be able to see where the stairs end and begin, especially in unfamiliar buildings. Proper exit signs and pathway lighting can prevent accidents during both normal use and emergency situations.

The Impact of Natural Light

Natural light can be great for stairways during the day, but it can also create problems. Skylights or windows that create bright spots and deep shadows can make it harder to see step edges. And what happens when the sun goes down? Stairways that rely primarily on natural light can become dangerous after dark.

Seasonal changes matter too. A stairway that seems well-lit in summer might be much dimmer during winter months when the sun is lower and daylight hours are shorter.

Uneven Steps: The Hidden Hazard

Uneven steps might be the most insidious stairway hazard because they’re often not obvious until it’s too late. Your brain and body develop expectations about stair dimensions as you climb, and when those expectations are violated, accidents happen.

What Makes Steps “Even”

Properly designed stairs have consistent riser heights (the vertical part of each step) and tread depths (the horizontal part where you step). Building codes specify maximum variations – usually no more than 3/8 of an inch difference between the highest and lowest risers in a flight of stairs.

That might not sound like much, but even small variations can cause problems. Your body develops a rhythm when climbing stairs, and when one step is even slightly different from the others, it can throw off that rhythm and cause a stumble.

The relationship between riser height and tread depth is important too. There are formulas that architects use to design stairs that feel comfortable and safe. When these proportions are off, stairs can feel awkward and increase the risk of accidents.

How Steps Become Uneven

Settling and shifting can affect stair dimensions over time. This is particularly common with outdoor stairs or stairs in older buildings where the foundation might have shifted.

Wear patterns can create uneven surfaces. Steps that get heavy use might wear down more in the center than at the edges, creating a dish-shaped surface that can catch heels or cause slips.

Poor construction or renovation work can create uneven steps. I’ve seen cases where contractors added new flooring to a building but didn’t account for how that would affect stair dimensions. Suddenly, the bottom step is a different height than all the others.

Damage and repairs can also create unevenness. When a step gets damaged and repaired, it might not end up exactly the same dimension as the original.

Different Types of Step Problems

Height variations are probably the most dangerous type of unevenness. When one step is significantly higher or lower than the others, people often catch their toe on the higher step or stumble when they expect a step to be there but it’s lower than anticipated.

Depth variations can cause people to misjudge where the edge of the step is. This is particularly dangerous on the way down, when someone might step too far and miss the step entirely.

Surface irregularities like cracks, holes, or loose materials can catch shoes or cause slips. These problems are often made worse by poor lighting that makes them hard to see.

Nosing problems are another issue. The nosing is the part of the step that extends beyond the riser, and it’s supposed to provide a visual cue about where the step edge is. When nosings are damaged, missing, or inconsistent, it becomes harder to judge step edges accurately.

Special Considerations for Different Stair Materials

Concrete stairs can develop cracks and spalling that create uneven surfaces. They’re also prone to settling, which can affect step dimensions over time.

Wood stairs can warp, split, or wear unevenly. Loose boards can create dangerous variations in step height or stability.

Metal stairs might rust or corrode, creating rough surfaces or structural weakness. They can also expand and contract with temperature changes, potentially affecting dimensions.

Carpeted stairs present their own challenges. Loose or worn carpet can create trip hazards, and thick carpet padding can make it harder to judge step edges accurately.

Property Owner Responsibilities and Building Codes

Property owners don’t get to just ignore stair safety and hope for the best. There are specific legal obligations and building codes that govern stairway design, construction, and maintenance. When property owners fail to meet these standards, they can be held liable for accidents that result.

Building Code Requirements

Building codes specify detailed requirements for stair construction, including dimensions, materials, handrails, and lighting. These codes exist for good reason – they’re based on decades of research into what makes stairs safe and usable.

Dimensional requirements cover things like maximum riser height, minimum tread depth, and stair width. These aren’t arbitrary numbers – they’re based on human biomechanics and safety research.

Handrail requirements specify height, strength, continuity, and gripping surface. The codes also require handrails on both sides of stairs in many situations.

Lighting requirements set minimum illumination levels for different types of buildings and occupancies. Emergency lighting requirements are often specified separately.

Surface requirements address things like slip resistance, uniformity, and visibility. The codes might specify certain types of materials or surface treatments for different situations.

Ongoing Maintenance Obligations

Meeting building codes at the time of construction isn’t enough – property owners have ongoing obligations to maintain their stairs in safe condition. This includes regular inspections, prompt repairs, and updates when codes change.

Regular inspections should identify problems before they cause accidents. A good inspection program looks at structural integrity, surface conditions, lighting, and handrails.

Prompt repairs are critical when problems are identified. Property owners can’t just ignore known hazards and hope nobody gets hurt.

Documentation of inspections and maintenance helps establish that the property owner was acting responsibly. It can also help identify patterns or recurring problems.

Professional maintenance might be required for certain types of systems, like emergency lighting or complex handrail installations.

Different Standards for Different Properties

The specific requirements vary depending on the type of property and how it’s used. Commercial properties typically have stricter requirements than residential ones, especially for things like lighting and emergency egress.

Multi-family residential properties have requirements for common areas, including stairways, that individual homeowners don’t have to worry about.

Public buildings often have the strictest requirements, including accessibility standards that go beyond basic safety.

Historic properties might have some flexibility in meeting modern codes, but they still have to provide reasonable safety for occupants and visitors.

Accessibility Requirements

The Americans with Disabilities Act (ADA) and similar laws require many properties to provide accessible routes, which can affect stair design and maintenance. While stairs themselves aren’t accessible to wheelchair users, they still need to meet certain requirements for people with other types of disabilities.

Visual contrast requirements help people with vision impairments identify step edges. This might involve contrasting colors or materials at the nosing of each step.

Tactile warnings are required in some situations to alert people with vision impairments to changes in elevation.

Handrail requirements under accessibility laws are often more stringent than general building codes, requiring specific shapes, sizes, and mounting details.

The Investigation Process: Building Your Case

When you’re injured in a stairway accident, the investigation that follows can make or break your potential legal claim. Evidence has a way of disappearing, witnesses forget details, and conditions change. That’s why it’s so important to start building your case right away.

Immediate Steps After an Accident

If you’re able to do so safely, try to document the accident scene as soon as possible. Take photos of the stairs, the specific area where you fell, and anything that might have contributed to the accident. Get pictures from multiple angles and distances – wide shots that show the overall context and close-ups that show specific defects.

Don’t just photograph the obvious problems. Sometimes the most important evidence isn’t immediately apparent. Poor lighting might not show up well in photos, but you can document the location and condition of light fixtures. Uneven steps might be subtle, but you can photograph them from angles that highlight the differences.

Get witness information while people are still around and the incident is fresh in their minds. Ask for contact information and a brief statement about what they saw. Even witnesses who didn’t see the actual fall might have relevant information about the condition of the stairs.

Report the incident to the property owner or manager. Many businesses have standard incident report forms, and getting an official report filed can be important evidence later. Make sure you get a copy of any reports that are prepared.

Seek medical attention even if you don’t think you’re seriously injured. Some injuries, particularly head injuries, might not be apparent immediately. Having medical documentation from right after the accident can be critical for your case.

Professional Investigation

An experienced personal injury attorney will conduct a much more thorough investigation than you can do on your own. This might involve hiring experts, obtaining building plans and inspection records, and conducting detailed measurements and analysis.

Engineering experts can analyze whether the stairs met applicable building codes and safety standards. They can also determine whether specific defects contributed to your accident.

Accident reconstruction specialists might be able to determine exactly how the accident happened and whether different conditions would have prevented it.

Medical experts can establish the connection between the accident and your injuries, and provide opinions about your future medical needs and limitations.

Building code experts can determine whether the stairs complied with applicable codes at the time of construction and whether they’ve been properly maintained.

Obtaining Records and Documentation

Property owners are required to maintain certain records about their buildings, including inspection reports, maintenance logs, and incident reports. Getting access to these records can provide crucial evidence about whether the property owner knew about problems and how they responded.

Building permits and plans can show whether the stairs were properly designed and constructed in the first place.

Inspection records might reveal a history of problems or violations that weren’t properly addressed.

Maintenance logs can show whether the property owner was conducting regular upkeep or ignoring problems.

Previous incident reports might reveal that other people have been injured in the same location, which could indicate a known dangerous condition.

Insurance records can sometimes provide information about previous claims or inspections.

Preserving Evidence

One of the biggest challenges in premises liability cases is that conditions can change after an accident. Property owners might fix problems immediately after someone gets hurt, which is good for safety but can make it harder to prove what conditions existed at the time of the accident.

That’s why it’s important to document conditions as soon as possible and to put the property owner on notice that they should preserve evidence. An attorney can send what’s called a “spoliation letter” that legally requires the property owner to preserve relevant evidence.

Photographs and videos should be taken from multiple angles and at different times of day to show how lighting conditions affect visibility.

Physical evidence like broken handrail pieces or loose step materials should be preserved if possible.

Measurements of step dimensions, handrail heights, and lighting levels should be taken by qualified professionals.

Weather conditions at the time of the accident should be documented if they might have been a contributing factor.

Working with Insurance Companies

After a stairway accident, you’re probably going to be dealing with insurance companies – either the property owner’s liability insurance, your own health insurance, or both. Understanding how insurance companies operate can help you protect your rights and avoid common pitfalls.

The Property Owner’s Insurance

Most property owners carry liability insurance that’s supposed to cover accidents that happen on their property. This insurance should pay for your medical bills, lost wages, and other damages if the property owner was negligent.

But here’s the thing – insurance companies are businesses, and their goal is to pay out as little as possible on claims. They’re not automatically going to offer you a fair settlement just because you were injured on their insured’s property.

Initial contact from the insurance company often comes pretty quickly after an accident. They might seem friendly and helpful, and they’ll probably want to get a recorded statement from you about what happened. Be very careful here – anything you say can be used to minimize or deny your claim later.

Settlement offers might come surprisingly early in the process, sometimes before you even know the full extent of your injuries. These initial offers are usually much lower than what your claim is actually worth. The insurance company is hoping you’ll take quick money rather than pursuing full compensation.

Claim denials are common, even when the property owner was clearly at fault. Insurance companies might claim that you were responsible for your own accident, that the property owner wasn’t negligent, or that your injuries aren’t as serious as you claim.

Your Own Insurance

Your health insurance should cover your medical treatment regardless of who was at fault for the accident. However, your health insurance company might have what’s called a “subrogation” right, which means they can seek reimbursement from the at-fault party’s insurance.

This can get complicated because it affects how much money you ultimately recover from a settlement or judgment. Your attorney can help negotiate with your health insurance company to minimize the impact on your recovery.

Disability insurance might provide some income replacement if your injuries prevent you from working. This could be through your employer, a private policy, or Social Security disability.

Personal injury protection (PIP) coverage might be available if you have it on your auto insurance policy. Some PIP policies cover injuries regardless of where they occur.

Common Insurance Company Tactics

Insurance adjusters are trained to minimize claim payouts, and they use various tactics to achieve this goal. Being aware of these tactics can help you avoid falling into their traps.

Rushing you to settle is probably the most common tactic. The adjuster might claim that their offer is only good for a limited time, or that you need to settle quickly to avoid complications. Don’t fall for this – legitimate settlement offers don’t have artificial deadlines.

Disputing the severity of your injuries is another common approach. The insurance company might send you to their own doctor for an “independent” medical examination, or they might claim that your injuries were pre-existing or caused by something else.

Blaming you for the accident is a way to reduce or eliminate their liability. They might claim that you were intoxicated, not paying attention, or engaging in some other behavior that caused the accident.

Delaying the claim process can be a tactic to pressure you into accepting a low settlement. The longer the process drags on, the more financial pressure you face from medical bills and lost wages.

Why You Need Professional Help

Dealing with insurance companies on your own is like bringing a knife to a gunfight. They have teams of lawyers, adjusters, and experts working to minimize your claim. You need someone on your side who understands the process and can fight for your rights.

An experienced personal injury attorney knows how insurance companies operate and can counter their tactics effectively. They can also accurately value your claim, including future medical needs and other damages that you might not have considered.

The attorneys at McCormick & Murphy, P.C. have been dealing with insurance companies for over 60 years combined, and they know all the tricks. They work on a contingent fee basis, which means you don’t pay attorney fees unless they recover money for you.

Medical Treatment and Documentation

Getting proper medical treatment after a stairway accident isn’t just important for your health – it’s also critical for your legal case. The medical records from your treatment will be some of the most important evidence in proving your injuries and damages.

Immediate Medical Care

Even if you don’t think you’re seriously injured, you should get medical attention as soon as possible after a stairway accident. Some injuries, particularly head injuries and soft tissue injuries, might not be apparent right away.

Emergency room treatment might be necessary if you have obvious injuries like broken bones or if you hit your head during the fall. Don’t try to tough it out – serious injuries can get worse without proper treatment.

Urgent care might be appropriate for less severe injuries, but make sure the facility is equipped to handle your specific type of injury. Some urgent care centers can’t do X-rays or other diagnostic tests that might be needed.

Your primary care doctor should be involved in your care, even if you initially go to an emergency room or urgent care. Your regular doctor knows your medical history and can coordinate your ongoing treatment.

Documenting Your Injuries

Medical documentation needs to clearly establish the connection between your accident and your injuries. This means being thorough and accurate when describing what happened and what symptoms you’re experiencing.

Be specific about your symptoms. Don’t just say you’re in pain – describe where it hurts, what kind of pain it is, and how it affects your daily activities. Keep track of how your symptoms change over time.

Follow your doctor’s instructions. If your doctor recommends physical therapy, follow-up appointments, or other treatment, make sure you follow through. Insurance companies love to argue that you weren’t really injured if you didn’t follow medical advice.

Keep detailed records of all your medical treatment, including appointments, prescriptions, and therapy sessions. This information will be important for calculating your damages.

Get copies of your medical records so you have them available for your attorney. Medical records can take time to obtain, and having copies readily available can speed up your case.

Ongoing Treatment Needs

Many stairway accident injuries require ongoing treatment, and it’s important to document these needs for your legal case. This might include physical therapy, pain management, or even surgery.

Physical therapy can be particularly important for soft tissue injuries and broken bones. The therapy records will document your progress and any limitations that persist.

Specialist care might be needed depending on your specific injuries. Orthopedic surgeons, neurologists, or other specialists can provide expert opinions about your condition and prognosis.

Pain management might be necessary for chronic pain resulting from your injuries. This could include medications, injections, or other treatments.

Mental health treatment shouldn’t be overlooked. Serious accidents can cause anxiety, depression, or post-traumatic stress that requires professional treatment.

Future Medical Needs

Your legal case needs to account for future medical treatment that you might need as a result of your injuries. This requires expert medical opinions about your prognosis and likely future needs.

Life care planning might be necessary for serious injuries that will require ongoing treatment. A life care planner can calculate the costs of future medical care, equipment, and assistance.

Vocational rehabilitation might be needed if your injuries prevent you from returning to your previous job. This could include retraining or job placement assistance.

Home modifications might be necessary if your injuries affect your mobility or ability to live independently.

Types of Damages You Can Recover

When you’re injured in a stairway accident due to someone else’s negligence, you may be entitled to various types of compensation. Understanding what damages are available can help you make informed decisions about your case and ensure you’re not settling for less than you deserve.

Economic Damages

These are the measurable financial losses you’ve suffered as a result of your accident. They’re usually easier to calculate because they involve actual bills and documented losses.

Medical expenses are typically the largest component of economic damages. This includes everything from emergency room treatment and ambulance rides to surgery, physical therapy, and ongoing medical care. You can recover both past medical expenses and future medical costs that are reasonably certain to occur.

Don’t forget about smaller medical-related expenses like prescription medications, medical equipment, and travel costs for medical appointments. These might seem minor individually, but they can add up to significant amounts over time.

Lost wages compensate you for income you’ve lost because of your injuries. This includes time off work for medical treatment, recovery periods when you couldn’t work at all, and reduced earnings if you had to take a lower-paying job because of your limitations.

Calculating lost wages can be complicated if you’re self-employed, work on commission, or have irregular income. An attorney can help ensure that all your lost income is properly documented and included in your claim.

Lost earning capacity is different from lost wages – it compensates you for the reduction in your ability to earn money in the future. If your injuries prevent you from advancing in your career or force you to change occupations, you may be entitled to compensation for that lost potential.

Property damage might be relevant if your personal belongings were damaged in the accident. This could include clothing, jewelry, electronic devices, or other items that were broken during your fall.

Non-Economic Damages

These damages compensate you for losses that don’t have a specific dollar amount attached to them. They’re often more subjective and can vary significantly from case to case.

Pain and suffering is probably the most well-known type of non-economic damage. This includes both the physical pain you’ve experienced and the mental anguish associated with your injuries and their impact on your life.

Pain and suffering isn’t just about the immediate pain from your injuries – it also includes ongoing discomfort, the frustration of dealing with limitations, and the emotional impact of your accident.

Loss of enjoyment of life compensates you for activities and experiences that you can no longer participate in because of your injuries. If you were an avid hiker before your accident but can no longer walk long distances, that’s a real loss that deserves compensation.

This category can include everything from major life activities to simple pleasures. Maybe you can’t play with your grandchildren the way you used to, or you can’t enjoy gardening because of back problems from your fall.

Disfigurement and scarring can have both physical and emotional impacts. Visible scars might affect your self-confidence and social interactions, while hidden scars might serve as constant reminders of your accident.

Loss of consortium compensates your spouse for the impact your injuries have had on your relationship. This can include both physical intimacy and companionship.

Punitive Damages

In rare cases involving particularly egregious conduct, you might be entitled to punitive damages. These aren’t meant to compensate you for your losses – they’re meant to punish the defendant and deter similar conduct in the future.

Punitive damages are only available in cases involving willful and wanton conduct or fraud. Simply being negligent isn’t enough – the property owner’s conduct has to be especially bad. For example, if a property owner knew about a dangerous condition but deliberately ignored it to save money, that might justify punitive damages.

Factors That Affect Damage Awards

Several factors can influence how much compensation you receive, and understanding these factors can help you make realistic expectations about your case.

The severity of your injuries is obviously a major factor. More serious injuries that require extensive treatment and cause permanent limitations typically result in higher damage awards.

Your age and life expectancy affect calculations for future damages. A younger person with decades of working life ahead might receive more for lost earning capacity than someone nearing retirement.

Your pre-accident health and activities can also be relevant. If you were very active before your accident, the loss of that activity might be valued more highly than for someone who was already sedentary.

The strength of the liability case affects settlement negotiations and jury verdicts. If it’s clear that the property owner was negligent, you’re likely to receive higher compensation than in cases where fault is disputed.

Insurance coverage limits can unfortunately cap your recovery even if your damages exceed those limits. That’s why it’s important to identify all potential sources of coverage.

How McCormick & Murphy Can Help

When you’re dealing with the aftermath of a serious stairway accident, you need more than just legal representation – you need advocates who understand what you’re going through and will fight tirelessly for your rights. That’s exactly what you get with McCormick & Murphy, P.C.

Experience That Makes a Difference

Kirk McCormick and Jay Murphy have been specializing in personal injury cases since 1990, and they formed their partnership in 1995. That’s over 60 years of combined experience dealing specifically with cases like yours. They’ve seen every type of stairway accident, every insurance company tactic, and every defense strategy that property owners use to avoid responsibility.

This experience isn’t just about years in practice – it’s about depth of knowledge in personal injury and insurance bad faith law. While some attorneys handle a little bit of everything, McCormick and Murphy have focused their entire careers on helping injured people recover the compensation they deserve.

They’ve been admitted to practice in Colorado state and federal courts, as well as other courts throughout the United States. This means they can handle your case wherever it needs to go, whether that’s state court, federal court, or even appeals courts if necessary.

Understanding What You’re Going Through

The attorneys at McCormick & Murphy understand that dealing with a serious injury is about more than just legal issues. You’re probably worried about medical bills, lost wages, and how you’re going to support your family while you recover. You might be frustrated with insurance companies that seem more interested in protecting their bottom line than helping you get better.

This firm was built on the principle of providing personal care and attention to clients who are facing some of the most difficult times in their lives. They know that every case is unique, and they take the time to understand your specific situation and needs.

No Risk to You

One of the biggest concerns people have about hiring an attorney is cost. How are you supposed to pay legal fees when you’re already struggling with medical bills and lost income? McCormick & Murphy handles most personal injury cases on a contingent fee basis, which means 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. This arrangement aligns the attorneys’ interests with yours – they only get paid if they successfully resolve your case. It also means that people who couldn’t otherwise afford experienced legal representation can get the help they need.

Comprehensive Case Handling

When you work with McCormick & Murphy, you’re not just getting attorneys – you’re getting a team that will handle every aspect of your case. This includes:

Thorough investigation to identify all the factors that contributed to your accident and all the parties who might be responsible. They’ll work with experts to analyze the accident scene, review building codes and inspection records, and gather all the evidence needed to build a strong case.

Medical coordination to ensure you’re getting proper treatment and that all your medical needs are documented. They understand the connection between medical treatment and legal cases, and they can help coordinate care that supports both your recovery and your claim.

Insurance negotiations with all the companies involved in your case. They know how insurance companies operate and won’t let you be taken advantage of by adjusters who are more interested in saving money than treating you fairly.

Expert witness coordination when technical testimony is needed to prove your case. This might include engineers, medical experts, economists, or other specialists who can explain complex issues to a jury.

Trial preparation and representation if your case can’t be resolved through negotiation. Not all attorneys are comfortable in the courtroom, but McCormick and Murphy have extensive trial experience and aren’t afraid to take your case to a jury if that’s what it takes to get you fair compensation.

Local Knowledge and Connections

Being based in Denver at 1547 N Gaylord St UNIT 303, Denver, CO 80206, McCormick & Murphy understands the local legal landscape. They know the judges, the opposing attorneys, and the way cases typically proceed through Colorado courts. This local knowledge can be a significant advantage in handling your case effectively.

They also understand the unique challenges that Denver properties face, from weather-related maintenance issues to the mix of old and new construction that creates varying safety standards throughout the city.

Getting Started

If you’ve been injured in a stairway accident, don’t wait to get legal advice. Evidence can disappear, witnesses can forget important details, and insurance companies might pressure you into accepting inadequate settlements.

McCormick & Murphy offers free consultations to discuss your case and explain your options. You can call them at (888)-668-1182 to schedule an appointment. During this consultation, they’ll review the facts of your case, explain your legal rights, and help you understand what to expect from the legal process.

You can also learn more about their experience and approach by checking out their professional services profile, where you can read reviews from other clients and get a better sense of how they handle cases.

Preventing Future Stairway Accidents

While this article has focused primarily on what to do after a stairway accident, it’s worth talking about prevention too. Property owners, tenants, and even visitors all have roles to play in making stairs safer for everyone.

What Property Owners Should Do

Property owners have the primary responsibility for stair safety, and there are specific steps they should be taking to prevent accidents.

Regular inspections should be conducted by qualified personnel who know what to look for. These inspections should cover structural integrity, surface conditions, handrails, lighting, and compliance with current building codes.

Prompt repairs are critical when problems are identified. Property owners shouldn’t wait for someone to get hurt before fixing known hazards. Even minor issues like loose handrail brackets or burnt-out bulbs should be addressed quickly.

Preventive maintenance can identify and fix problems before they become dangerous. This includes things like resurfacing worn steps, tightening loose handrails, and updating inadequate lighting.

Documentation of inspections and maintenance helps establish that the property owner is acting responsibly. It can also help identify patterns or recurring problems that need more comprehensive solutions.

Professional consultation might be needed for complex issues or when updating older buildings to meet current safety standards. Engineers, architects, and safety consultants can provide valuable expertise.

What Tenants and Visitors Can Do

While property owners have the primary responsibility for stair safety, tenants and visitors can also take steps to protect themselves and others.

Report problems to property management as soon as you notice them. Don’t assume someone else will report that loose handrail or burnt-out light bulb. Many property owners genuinely want to maintain safe conditions but rely on reports from tenants and visitors to identify problems.

Use handrails whenever they’re available. Even if you don’t think you need them, handrails provide an extra margin of safety that can prevent a fall if you stumble.

Pay attention to where you’re going. Don’t text, talk on the phone, or engage in other distracting activities while using stairs. Take your time, especially in unfamiliar buildings or when lighting conditions are poor.

Wear appropriate footwear for the conditions. High heels, flip-flops, and other unstable shoes increase your risk of falling on stairs. If you must wear these types of shoes, be extra careful on stairs and consider removing them if necessary.

Be aware of weather conditions that might affect outdoor stairs. Ice, snow, and wet surfaces can make even well-maintained stairs dangerous.

Building Design Considerations

For new construction and major renovations, proper design can eliminate many stairway hazards before they become problems.

Code compliance should be the minimum standard, not the goal. Current building codes reflect minimum safety requirements, and designers should consider exceeding these requirements when possible.

Universal design principles can make stairs safer and more usable for people of all ages and abilities. This includes things like consistent step dimensions, high-contrast markings, and adequate lighting.

Material selection can affect both safety and maintenance requirements. Some materials are more slip-resistant, durable, or easy to maintain than others.

Lighting design should provide adequate, even illumination without glare or shadows. Consider both natural and artificial light sources and how they change throughout the day and seasons.

Maintenance accessibility should be considered during design. If light fixtures are hard to reach or handrails are difficult to inspect, they’re less likely to receive proper maintenance.

Technology Solutions

New technologies are making it easier to maintain safe stairways and identify problems before they cause accidents.

LED lighting lasts longer and provides better illumination than traditional lighting, reducing maintenance needs and improving visibility.

Motion sensors can ensure that lights are on when people are using stairs, even in areas that don’t normally get much traffic.

Smart building systems can monitor lighting levels, detect maintenance needs, and alert property managers to problems automatically.

Non-slip treatments and materials are constantly improving, providing better traction without creating maintenance problems.

Monitoring systems can track usage patterns and identify areas that might need more frequent inspection or maintenance.

The Emotional Impact of Stairway Accidents

When we talk about stairway accidents, it’s easy to focus on the physical injuries and financial damages. But there’s another aspect that often gets overlooked – the emotional and psychological impact of these accidents. Understanding this impact is important both for recovery and for legal cases.

Immediate Emotional Reactions

The immediate aftermath of a serious accident can be emotionally overwhelming. You might experience shock, fear, anger, or confusion. These are normal reactions to traumatic events, and they don’t necessarily indicate any long-term psychological problems.

Shock and disbelief are common immediate reactions. You might have trouble accepting that the accident really happened or understanding how serious your injuries are.

Fear and anxiety about your injuries, your financial situation, or your future are understandable responses to a traumatic event. You might worry about whether you’ll recover fully or how you’ll pay your bills while you’re unable to work.

Anger at the property owner, yourself, or the situation in general is also normal. You might feel frustrated that a preventable accident has turned your life upside down.

Embarrassment about falling or being injured in a public place affects some people. Remember that accidents happen to everyone, and there’s nothing to be ashamed of if you were injured due to someone else’s negligence.

Long-Term Psychological Effects

Some people experience lasting psychological effects from serious accidents. These effects can be just as debilitating as physical injuries and deserve the same attention and treatment.

Post-traumatic stress disorder (PTSD) can develop after any traumatic event, including serious accidents. Symptoms might include flashbacks, nightmares, avoidance of similar situations, and persistent anxiety. If you’re experiencing these symptoms, it’s important to seek professional help.

Depression can result from the combination of physical limitations, financial stress, and disruption to your normal life. Chronic pain from your injuries can also contribute to depression.

Anxiety disorders might develop, particularly around stairs or similar situations. You might find yourself avoiding stairs whenever possible or experiencing panic attacks when you have to use them.

Sleep disturbances are common after traumatic accidents. You might have trouble falling asleep, staying asleep, or getting restful sleep. This can affect your physical recovery and emotional well-being.

Impact on Daily Life

The psychological effects of a stairway accident can affect every aspect of your daily life, from work and relationships to simple activities you used to take for granted.

Work performance might suffer if you’re dealing with anxiety, depression, or cognitive effects from a head injury. You might have trouble concentrating, making decisions, or interacting with colleagues.

Relationships can be strained by the stress of dealing with injuries, financial problems, and legal issues. Your family members might also be affected by your accident and need support.

Social activities might be limited not just by physical injuries but by anxiety or depression. You might withdraw from activities you used to enjoy or avoid social situations.

Independence might be affected if you develop fears about using stairs or other common activities. This can be particularly difficult for people who pride themselves on being self-sufficient.

Getting Help

If you’re experiencing emotional or psychological effects from your accident, don’t try to tough it out alone. Professional help is available, and addressing these issues is important for both your recovery and your legal case.

Mental health professionals including psychologists, psychiatrists, and counselors can provide various types of treatment for accident-related psychological issues. This might include therapy, medication, or other interventions.

Support groups for accident victims or people with similar injuries can provide understanding and practical advice from people who have been through similar experiences.

Family counseling might be helpful if your accident has affected your relationships with family members.

Occupational therapy can help you develop strategies for managing anxiety or other psychological effects that interfere with your daily activities.

Documentation for Legal Purposes

If you’re experiencing psychological effects from your accident, it’s important to document these issues for your legal case. Mental and emotional damages can be a significant part of your overall compensation.

Professional diagnosis and treatment provide the strongest evidence of psychological injuries. Make sure you’re getting treatment from qualified professionals and following their recommendations.

Detailed records of your symptoms, how they affect your daily life, and your treatment can support your claim for damages.

Impact statements from family members, friends, or coworkers about how the accident has changed you can provide additional evidence of psychological damages.

The attorneys at McCormick & Murphy understand that serious accidents affect more than just your physical health. They can help ensure that all aspects of your damages, including psychological effects, are properly documented and included in your claim.

Understanding Colorado Law

Colorado has specific laws and legal principles that apply to premises liability cases like stairway accidents. Understanding these laws can help you make informed decisions about your case and have realistic expectations about the legal process.

Premises Liability Basics

In Colorado, property owners have a legal duty to keep their premises reasonably safe for people who are lawfully on the property. The specific level of duty depends on your status when you were on the property.

Invitees are people who are on the property for the mutual benefit of themselves and the property owner. This includes customers in stores, patients in medical offices, and tenants in apartment buildings. Property owners owe invitees the highest duty of care, which includes regular inspections to identify and fix dangerous conditions.

Licensees are people who have permission to be on the property but aren’t there for the property owner’s benefit. This might include social guests or people attending free community events. Property owners must warn licensees about known dangerous conditions but don’t have to inspect for unknown hazards.

Trespassers are people who don’t have permission to be on the property. Property owners generally don’t owe any duty to trespassers, except in certain specific circumstances involving children or other special situations.

Proving Negligence

To win a premises liability case in Colorado, you need to prove that the property owner was negligent. This means showing four basic elements:

Duty – The property owner had a legal obligation to keep the premises safe for people in your situation.

Breach – The property owner failed to meet that obligation by allowing a dangerous condition to exist.

Causation – The dangerous condition caused your accident and injuries.

Damages – You suffered actual harm as a result of the accident.

Each of these elements must be proven by a “preponderance of the evidence,” which means it’s more likely than not that your version of events is true.

Comparative Negligence

Colorado follows a “modified comparative negligence” rule, which means that your recovery can be reduced if you were partially at fault for your accident. However, you can still recover damages as long as your fault is less than the defendant’s fault.

For example, if a jury determines that you were 20% at fault for your accident (maybe because you weren’t paying attention) and the property owner was 80% at fault, your damages would be reduced by 20%. If you were 50% or more at fault, you couldn’t recover anything.

This rule makes it important to be careful about what you say to insurance companies and other parties after your accident. Anything you say that could be interpreted as accepting blame might be used to reduce your recovery.

Statute of Limitations

In Colorado, you generally have two years from the date of your accident to file a personal injury lawsuit. This deadline is strictly enforced, and if you miss it, you’ll lose your right to seek compensation through the courts.

There are some limited exceptions to this rule, but they’re rare and specific. The safest approach is to assume that the two-year deadline applies to your case and to consult with an attorney well before that deadline expires.

The statute of limitations for filing a lawsuit is different from deadlines for reporting your accident to insurance companies, which are usually much shorter. Make sure you understand all the applicable deadlines for your case.

Damage Caps

Colorado law places caps on certain types of damages in personal injury cases. These caps are adjusted periodically for inflation, so the current amounts might be different from what they were when this article was written.

Non-economic damages (pain and suffering, emotional distress, etc.) are generally capped at around $500,000, though this amount increases periodically. The cap can be higher in cases involving permanent physical impairment or disfigurement.

Economic damages (medical bills, lost wages, etc.) are generally not capped, which means you can recover the full amount of your documented financial losses.

Punitive damages are capped at an amount equal to the actual damages awarded, and they’re only available in cases involving willful and wanton conduct or fraud.

Insurance Requirements

Colorado law requires most property owners to carry liability insurance, though the minimum amounts might not be adequate to cover serious injuries. Understanding insurance requirements can help you identify potential sources of recovery for your damages.

Commercial property owners typically carry substantial liability insurance, often $1 million or more per occurrence.

Residential property owners might carry less insurance, and some small landlords might not carry adequate coverage for serious injuries.

Umbrella policies provide additional coverage above the limits of primary liability policies. Identifying umbrella coverage can be important in cases involving serious injuries.

Government Liability

If your accident occurred on government property, special rules might apply. The Colorado Governmental Immunity Act provides some protections for government entities, but it doesn’t eliminate liability entirely.

Notice requirements for claims against government entities are usually much shorter than the general statute of limitations. You might have only 90 days or 180 days to provide written notice of your claim.

Damage caps for government liability are often lower than for private parties.

Sovereign immunity might protect government entities from certain types of claims, though this protection has been limited by statute and court decisions.

The Role of Expert Witnesses

In complex stairway accident cases, expert witnesses often play a critical role in explaining technical issues to judges and juries. Understanding what different types of experts can contribute to your case helps explain why building a strong case can take time and resources.

Engineering Experts

Structural and safety engineers can analyze whether stairs were properly designed, constructed, and maintained. They can identify building code violations, structural defects, and maintenance failures that contributed to your accident.

Structural analysis can determine whether stairs were built to appropriate standards and whether they’ve maintained their structural integrity over time. This might involve reviewing building plans, conducting site inspections, and performing calculations to verify load capacities and other safety factors.

Code compliance analysis compares the actual conditions to applicable building codes and safety standards. Engineers can identify specific violations and explain how those violations created dangerous conditions.

Accident reconstruction helps explain exactly how the accident occurred and what factors contributed to it. This might involve analyzing physical evidence, witness statements, and the laws of physics to create a detailed picture of what happened.

Remedial measures analysis can show what the property owner should have done to prevent the accident and estimate the costs of proper maintenance or repairs.

Medical Experts

Medical experts explain your injuries, treatment, and prognosis to judges and juries. They can also establish the connection between your accident and your injuries, which is critical for proving your case.

Treating physicians who have been involved in your care can testify about your injuries, treatment, and progress. Their testimony is often given significant weight because they have firsthand knowledge of your condition.

Independent medical experts might be hired to provide objective opinions about your injuries and prognosis. These experts can be particularly important if there are disputes about the severity of your injuries or your future medical needs.

Specialists in relevant medical fields can provide detailed explanations about complex injuries or treatment procedures. For example, a neurologist might testify about brain injuries, while an orthopedic surgeon might explain bone and joint injuries.

Life care planners can calculate the costs of future medical care and assistance that you might need as a result of your injuries. This is particularly important in cases involving permanent disabilities.

Vocational Experts

If your injuries affect your ability to work, vocational experts can explain the impact on your earning capacity and career prospects.

Vocational assessment evaluates your skills, education, and work experience to determine what types of jobs you might be able to perform with your current limitations.

Labor market analysis examines job availability and wage rates for positions that you might be able to perform. This information is used to calculate lost earning capacity.

Rehabilitation planning can identify training or education that might help you return to work or transition to a new career that accommodates your limitations.

Economic Experts

Economic experts calculate the financial impact of your injuries, including both past and future losses.

Lost wage calculations can be complex, particularly for self-employed individuals or people with variable income. Economic experts can analyze tax returns, business records, and other financial documents to accurately calculate lost income.

Future earning capacity calculations consider factors like career advancement potential, inflation, and the impact of your injuries on your ability to work. These calculations often involve complex economic modeling.

Present value analysis converts future losses into current dollar amounts, which is necessary for determining appropriate compensation.

Household services calculations determine the value of household tasks that you can no longer perform because of your injuries.

Lighting and Safety Experts

Specialists in lighting design and safety can analyze whether stairway lighting met appropriate standards and contributed to your accident.

Illumination measurement involves taking precise measurements of light levels at the accident scene and comparing them to applicable standards.

Lighting design analysis evaluates whether the lighting system was properly designed for the intended use and whether it meets current best practices.

Visual perception analysis can explain how poor lighting affects people’s ability to see step edges and other hazards.

Safety standards analysis compares the actual conditions to industry standards and best practices for stairway lighting.

Accident Reconstruction Specialists

These experts specialize in analyzing accidents to determine exactly what happened and what factors contributed to the incident.

Physical evidence analysis involves examining the accident scene, damaged items, and other physical evidence to understand the mechanics of the accident.

Biomechanical analysis can explain how forces acted on your body during the accident and how those forces caused your injuries.

Computer modeling might be used to create visual representations of the accident that help judges and juries understand what happened.

Alternative scenario analysis can show how different conditions might have prevented the accident or reduced the severity of your injuries.

Working with Expert Witnesses

Expert witnesses can be expensive, but they’re often necessary for proving complex cases. The attorneys at McCormick & Murphy have relationships with qualified experts in various fields and know how to present expert testimony effectively.

Expert selection is critical because not all experts are equally qualified or effective as witnesses. Attorneys need to find experts with the right credentials, experience, and communication skills.

Case preparation involves working with experts to ensure they have all the information they need and understand the key issues in your case.

Deposition preparation helps experts understand what to expect during depositions and how to present their opinions clearly and persuasively.

Trial testimony requires experts to explain complex technical issues in terms that judges and juries can understand.

Settlement vs. Trial: What to Expect

Most personal injury cases settle out of court, but it’s important to understand both the settlement process and what happens if your case goes to trial. Each approach has advantages and disadvantages, and the best choice depends on the specific circumstances of your case.

The Settlement Process

Settlement negotiations can begin at any time after your accident, though they often don’t get serious until your injuries have stabilized and your attorney has had time to investigate your case thoroughly.

Initial demands are usually much higher than what your attorney expects to actually recover. This gives room for negotiation and signals to the insurance company that you’re serious about pursuing fair compensation.

Insurance company responses to initial demands are usually much lower than what they’re actually willing to pay. The early stages of negotiation involve both sides moving toward a middle ground.

Discovery and investigation continue during settlement negotiations. New evidence or expert opinions can strengthen your negotiating position and lead to better settlement offers.

Mediation might be used to facilitate settlement discussions. A neutral mediator helps both sides communicate and explore possible resolutions without the expense and uncertainty of trial.

Final negotiations often happen close to trial dates, when both sides have a clear picture of the strengths and weaknesses of the case and the costs of going to trial.

Advantages of Settlement

Settlement offers several advantages over trial, which is why most cases resolve this way.

Certainty is probably the biggest advantage of settlement. When you settle, you know exactly what you’re going to receive and when you’re going to receive it. Trial outcomes are always uncertain, even in strong cases.

Speed is another advantage. Settlements can be reached much more quickly than trials, which means you get your money sooner and can move on with your life.

Privacy is maintained in settlement agreements. Trial proceedings are public records, but settlement terms are usually confidential.

Lower costs result from avoiding the expense of trial preparation and trial itself. These savings can mean more money in your pocket.

Reduced stress is a significant consideration for many people. Trials can be emotionally draining and stressful, while settlement negotiations are usually handled primarily by attorneys.

Disadvantages of Settlement

Settlement isn’t always the best choice, and there are some potential disadvantages to consider.

Lower compensation is the most obvious disadvantage. Settlement amounts are often lower than what you might receive at trial, particularly in cases involving serious injuries.

No precedent is set by settlements, which means similar dangerous conditions might continue to injure other people.

No admission of fault is typically included in settlement agreements, which means the property owner doesn’t acknowledge any wrongdoing.

Finality means you can’t come back later if your injuries turn out to be worse than expected or if you discover additional damages.

When Cases Go to Trial

Some cases can’t be settled for various reasons, and when that happens, they go to trial. Understanding the trial process can help you make informed decisions about your case.

Jury selection involves questioning potential jurors to identify those who can be fair and impartial in your case. This process can take several days in complex cases.

Opening statements give both sides a chance to preview their case for the jury and explain what they expect the evidence to show.

Plaintiff’s case is presented first, with your attorney calling witnesses and presenting evidence to prove the elements of your claim.

Defendant’s case follows, with the property owner’s attorney presenting their defense and trying to minimize or eliminate liability.

Closing arguments allow both sides to summarize the evidence and argue why the jury should find in their favor.

Jury deliberation can take anywhere from a few hours to several days, depending on the complexity of the case and the evidence presented.

Verdict is the jury’s decision about liability and damages. In Colorado, jury verdicts in civil cases don’t have to be unanimous – usually 5/6 of the jurors need to agree.

Advantages of Trial

Going to trial has some advantages, particularly in cases involving serious injuries or clear liability.

Higher compensation is possible at trial, particularly if the jury is sympathetic to your situation and understands the full impact of your injuries.

Public accountability results from trial proceedings, which can pressure property owners to improve safety conditions.

Precedent value of trial verdicts can help other injured people and encourage better safety practices.

Complete vindication is possible if the jury finds clearly in your favor and awards substantial damages.

Disadvantages of Trial

Trial also has significant disadvantages that need to be carefully considered.

Uncertainty is the biggest risk. Even strong cases can lose at trial due to factors beyond anyone’s control.

Time and expense of trial preparation and trial itself can be substantial. Complex cases might take years to get to trial.

Stress and publicity of trial proceedings can be difficult for injured people and their families.

Appeal possibilities mean that even winning at trial doesn’t guarantee that you’ll ultimately recover compensation.

Making the Decision

The decision whether to settle or go to trial should be made in consultation with your attorney, who can evaluate the strengths and weaknesses of your case and advise you about the likely outcomes of each approach.

Case strength is a major factor. Strong cases with clear liability and serious injuries are more likely to succeed at trial.

Insurance coverage affects the decision because there’s no point in getting a large jury verdict if there’s not enough insurance to pay it.

Your personal situation matters too. Some people need money immediately for medical bills or living expenses, while others can afford to wait for the potentially higher compensation that might result from trial.

Risk tolerance varies from person to person. Some people are comfortable with the uncertainty of trial, while others prefer the certainty of settlement.

The experienced attorneys at McCormick & Murphy can help you evaluate these factors and make the decision that’s right for your specific situation. They have extensive trial experience and aren’t afraid to take cases to trial when that’s in their clients’ best interests.

Taking Action: Your Next Steps

If you’ve been injured in a stairway accident in Denver, you’re probably feeling overwhelmed by everything you need to deal with – medical treatment, insurance companies, financial pressures, and uncertainty about your future. The good news is that you don’t have to handle this alone, and there are specific steps you can take right now to protect your rights and improve your chances of a successful outcome.

Immediate Priorities

Your health should be your first priority. If you haven’t already done so, get medical attention for your injuries. Don’t try to tough it out or assume that you’ll feel better in a few days. Some injuries, particularly head injuries and soft tissue injuries, can be serious even if they don’t seem bad at first.

Follow your doctor’s instructions carefully. Go to all your appointments, take medications as prescribed, and follow through with recommended treatments like physical therapy. Insurance companies love to argue that people weren’t really injured if they didn’t follow medical advice.

Document everything related to your accident and injuries. Take photos of the accident scene if you haven’t already, keep copies of all your medical records and bills, and maintain a journal of how your injuries are affecting your daily life.

Be careful about what you say to insurance companies. They might contact you quickly after your accident and seem helpful, but remember that their goal is to minimize what they pay out on claims. Don’t give recorded statements or sign any documents without talking to an attorney first.

Gathering Evidence

The more evidence you can gather about your accident, the stronger your case will be. If you haven’t already done so, try to get photographs of the accident scene from multiple angles. Show the overall context as well as specific problems like broken handrails, poor lighting, or uneven steps.

Get contact information for anyone who witnessed your accident or saw the dangerous conditions. Even if they didn’t see you fall, they might have noticed problems with the stairs that could be important evidence.

Report your accident to the property owner or manager in writing, and keep a copy for your records. Many businesses have standard incident report forms, and you should ask for a copy of any reports that are prepared.

Keep track of all your expenses related to the accident, including medical bills, transportation costs for medical appointments, and any modifications you’ve had to make to your home because of your injuries.

Understanding Your Rights

You have legal rights after being injured due to someone else’s negligence, but those rights come with responsibilities and deadlines. In Colorado, you generally have two years from the date of your accident to file a lawsuit, but other deadlines might be shorter.

Property owners have a legal duty to maintain their premises in reasonably safe condition. When they fail to do so, and someone gets hurt as a result, they can be held liable for the resulting damages.

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from your accident. The amount of compensation depends on factors like the severity of your injuries, the impact on your life and work, and the strength of your case against the property owner.

Insurance companies are required to handle claims in good faith, which means they can’t unreasonably delay or deny legitimate claims. If an insurance company is treating you unfairly, you might have additional rights under Colorado’s bad faith insurance laws.

Getting Professional Help

While you might be tempted to handle your case on your own, particularly if your injuries seem minor, stairway accident cases can be more complex than they appear. Building codes, premises liability law, insurance coverage issues, and medical documentation requirements are all specialized areas that require professional expertise.

An experienced personal injury attorney can evaluate your case, explain your rights, and handle the legal complexities while you focus on recovering from your injuries. Most personal injury attorneys work on contingent fee arrangements, which means you don’t pay attorney fees unless you recover compensation.

The attorneys at McCormick & Murphy have been handling stairway accident cases and other premises liability claims for over 60 years combined. They understand Colorado law, know how insurance companies operate, and have the resources to thoroughly investigate your case and build strong evidence for your claim.

What to Expect from the Legal Process

Every case is different, but most stairway accident cases follow a similar pattern. Your attorney will begin by investigating the accident, gathering evidence, and identifying all potentially responsible parties and insurance coverage.

Medical documentation will be a critical part of your case, so your attorney will work with your healthcare providers to ensure that your injuries and treatment are properly documented. This might involve getting expert medical opinions about your prognosis and future medical needs.

Settlement negotiations often begin once your injuries have stabilized and your attorney has completed the initial investigation. These negotiations can take time, and your attorney will keep you informed about offers and advise you about whether they’re reasonable.

If your case can’t be settled, it might go to trial. This involves additional preparation, including depositions, expert witness preparation, and trial preparation. Your attorney will guide you through this process and prepare you for what to expect.

Making the Call

If you’ve been injured in a stairway accident in Denver, don’t wait to get legal advice. Evidence can disappear, witnesses can forget important details, and insurance companies might pressure you into accepting inadequate settlements.

McCormick & Murphy offers free consultations to discuss your case and explain your options. You can call them at (888)-668-1182 to schedule an appointment. During this consultation, they’ll review the facts of your case, explain your legal rights, and help you understand what to expect from the legal process.

You can also visit their office at 1547 N Gaylord St UNIT 303, Denver, CO 80206 to meet with them in person. Their office is conveniently located in Denver, and they understand the local legal landscape and the unique challenges that Denver properties face.

Don’t let a stairway accident derail your life. With the right legal help, you can focus on recovering from your injuries while experienced attorneys handle the legal complexities and fight for the compensation you deserve. The sooner you get started, the better your chances of a successful outcome.

Remember, you don’t pay attorney fees unless McCormick & Murphy recovers compensation for you, so there’s no financial risk in getting professional legal advice. Call today to learn more about your rights and options.