College Station Ski Accident Lawyers

Call (800) 863-5312 To Speak With Zinda Law Group’s College Station Ski Accident Lawyers

Skiing is a beloved winter activity with almost 15 million participants nationwide. Still, skiing can be particularly dangerous, and those injured in an accident should speak with one of Zinda Law Group’s College Station ski accident lawyers to learn what their next steps are and what they may be able to recover in compensation.

If you are the victim of a ski accident, call Zinda Law Group’s College Station ski accident lawyers at (800) 863-5312 for a 100% free case evaluation and to learn about your options.

What Types of Injuries From a Ski and Snowboard Accidents Are Most Common?

Despite their similarities, skiing and snowboarding usually result in different injury patterns. Because snowboarders do not use poles to maintain balance, injuries to snowboarders often occur when the injured party falls forward or backward with outstretched arms. That is why snowboarders have a higher likelihood of suffering upper-extremity injuries during an accident. Conversely, because skiing requires a lot of twisting and turning, particularly with knees, skiers are more prone to lower-extremity injuries during an accident. Some of these can lead to permanent injury.

Recently, the NSAA reported that there were 41 catastrophic injuries during the 2020-21 season. A catastrophic injury refers to:

• Significant neurological trauma
• Major head injuries
• Spinal cord injuries leading to some form of paralysis
• The loss of a limb
• Death

The NSAA only reports ski and snowboarding injuries that take place during normal business hours. Other examples of common injuries include:

• Broken bones
• Concussions
• Dislocated elbows and shoulders
• Fractures
• Ligament tears

As you can see, skiing and snowboarding can pose significant risks. If you are on the slopes, it is important to always remain vigilant. Stay aware of other people and objects that may be around you.

What Should You Do After a Ski or Snowboard Accident?

A ski resort accident is scary, but it is valuable to know what to do after an accident to mitigate your injuries and damages. The following is a list of important steps detailing what to do after a ski or snowboard accident.

1. Seek Medical Attention if Necessary

Immediately after a ski or snowboarding accident, you should examine your injuries to determine whether immediate medical care is necessary. If you are critically injured, obtain emergency medical care as soon as possible. Your health and safety are of utmost importance. Even if your injuries are not dire, you should still seek or accept medical care. That is especially true for skiing and snowboarding injuries, as it may take several days before the severity of your condition becomes apparent.

2. Contact the Police and Report the Accident

Whether your injury is from colliding with an unseen object, another skier or snowboarder, or was the result of the operator’s failings, contact ski patrol and the police. If the injury resulted from another skier or snowboarder, you should exchange contact and insurance information with the other party. If there are any other parties around who saw the incident, ask for their contact information.

3. Document the Accident

Assuming you are not putting yourself at great risk by doing so, take photos of the scene of the accident. If you are unable to do so, have another party (either a friend, family member, or nearby bystander) take photos. Focus on taking photos that demonstrate poorly maintained slopes, equipment malfunction, the immediate area uphill as well as downhill of the accident, and any injuries suffered as a result of the incident. Documenting the accident will assist the ski patrol and police with their investigation and can be an asset to you In the legal process.

4. Hire a Personal Injury Attorney

To receive maximum compensation for your injuries, you do not want to rely on the responsible party’s insurer to have your best interests in mind. Instead, hire an attorney who will fight for you every step of the way. An experienced College station injury attorney can assist you in your legal battle and help you navigate relevant laws and regulations.

5. Talk to the Insurance Company

After retaining a lawyer, they will reach out and talk with the  responsible party’s insurer. The lawyer will negotiate with the insurer on your behalf so that you increase your likelihood of receiving the best settlement outcome. If the insurer is unwilling to meet your demands, your attorney may then recommend that you pursue the case at trial.

Taking these several important steps following an accident will help you recover faster both physically and possibly also financially. If you have any questions about the legal process after a skiing or snowboard accident, contact the ski accident lawyers at Zinda Law Group for help today.

Read More: Zinda Law Group Ski Accident Lawyers

A Zinda Law Group Attorney Can Determine Who Is At Fault After a Ski Accident or Snowboard Accident

After suffering a ski or snowboarding injury, you might be confused and unsure of how to proceed with a potential lawsuit. In fact, you may not know who you should file a lawsuit against. A Zinda Law Group injury lawyer will examine the facts of your case and determine which party or parties should compensate you for your injuries.

When the Responsible Party Is the Resort

While ski and snowboard resorts have a high level of liability protection, resorts may still face responsibility when they are at fault. Operators must  ensure that the ski lifts are properly functioning, the equipment is adequately maintained, and there are no dangerous objects on the skiing/snowboarding’s path, such as a tree shrouded by snow on the main path.

When the Responsible Party Is Another Skier or Snowboarder

When a skier or snowboarder suffers an injury due to the negligence of another skier or snowboarder, they will likely receive compensation from the responsible party’s insurer. If the party does not have insurance, the victim may be able to receive compensation from the insurance of a family member of the party.

When The Responsible Party Is the Manufacturer

Although not as common, sometimes the responsible party is the manufacturer of the faulty equipment that you used when the injury occurred. If your ski or snowboard equipment was defective, the manufacturer of the used product may be liable for your injuries.

Learn More: Product Liability Lawyers

How to Demonstrate That Another Party Is Responsible For Your Skier Injuries

A party is liable for damages if you can show that they were negligent. Negligence is the legal theory that many victims of ski resort accidents rely on when filing lawsuits. To prove negligence, you must show that the defendant owed you a duty of care, that the defendant breached the duty of care, that you sustained a compensatory injury, and that the defendant caused your injury.

When the Defendant Owes a Duty of Care

Skiers and snowboarders owe each other a duty to be proactive and avoid putting themselves in positions where they could harm one another. While on the slopes, you must be aware that all skiers and snowboarders in front of you have the right of way on a trail, that you must yield to those trying to merge onto a trail, and that you must not obstruct a trail when stopped. Additionally, ski resorts owe skiers and snowboarders a duty of care to properly maintain the ski machinery with properly trained staff that can operate the machinery.

When the Defendant Breaches Their Duty of Care

A fellow skier or snowboarder breaches their duty of care to you by misbehaving on the slopes, which may include skiing under intoxication or ignoring signs setting speed limits. Proving a breach of the duty of care becomes easier when there are witnesses to the accident that can attest to how reckless the at-fault party was on the slope. Similarly, when a ski resort does not properly care for its machines and/or the staff were not properly trained in how to maintain the resort’s safety, the ski resort has likely breached its duty of care.

When the Defendant’s Action Caused Your Injuries or Damages

Further, you will need to provide evidence that you suffered a compensable injury as a result of your accident. Compensable injuries include medical expenses, pain and suffering, and lost wages. However, not every collision with another skier or snowboarder will result in a successful claim. If the accident was not the fault of the party who collided with you, you will likely need to consider bringing a claim against the ski resort’s operator or a manufacturer of your ski equipment instead.

When There Is Causation

Lastly, you must demonstrate that the accident happened because of the other party’s actions. If the accident would have taken place regardless of what the other party did, you cannot show causation. The process for proving liability may seem confusing and overwhelming. Thankfully, an experienced College Station ski and snowboarding accident attorney can work alongside you to establish the four elements of negligence and obtain compensation to put you back to where you were prior to the accident.

How Much Can You Recover After An Accident?

In a ski accident, if the at-fault party is found liable for the harm you suffered, a court may require the party to compensate you in the form of damages. For a personal injury lawsuit under Texas law, you could obtain economic damages, non-economic damages, and possibly punitive damages. In a circumstance where the victim passes away due to their skier injuries, a loved one can file a wrongful death lawsuit on behalf of the victim. The same type of compensation is available whether you are pursuing a personal injury lawsuit or a wrongful death lawsuit.

Economic Damages

Economic damages is compensation for monetary losses such as medical expenses (past and future), loss of earnings, loss of use of property, and loss of future employment. To ensure you receive accurate compensation for your economic damages, keep documents that detail your medical expenses, property damages, and missed work.

Non-economic Damages

Non-economic damages is compensation for non-monetary losses such as pain & suffering, emotional distress, inconvenience, and loss of companionship. Non-economic damages are harder to quantify than economic damages, but your attorney can help you determine the value of your non-monetary losses.

Punitive Damages

Unlike economic and non-economic damages, punitive damages punish the responsible party rather than making the victim “whole again.” You must meet a very high standard to obtain punitive damages. A court may award punitive damages in addition to economic damages in a situation where the responsible party was reckless or acted intentionally. Even if you are able to meet the threshold for punitive damages, state law has a damage cap on what you can receive. In Texas, the cap for punitive damages is:

• $200,000 or
• Twice the amount of economic damages plus an equal amount of non-economic damages up to $750,000.

Consult with your College Station injury attorney to determine whether you should pursue punitive damages. To learn more, please visit our page: How to Calculate the Value of a Case.

Read More: College Station Personal Injury Lawyers

What is the Statute of Limitations for SKI ACCIDENT INJURY?

In Texas, you have two years from the date of your accident to file a personal injury lawsuit against the responsible party (or parties). After this period, you may lose your right to file a claim for compensation. That’s why it’s important to speak with a Zinda Law Group ski accident lawyer as soon as possible.

Call Zinda Law Group’s College Station Ski Accident Lawyers to Evaluate Your Claim Today

If you are wondering whether to contact an injury attorney, consider working with an experienced lawyer who will have your best interest at heart. Call Zinda Law Group today at (800) 863-5312 and speak with a personal injury attorney who can help you navigate the legal process

If you or a loved one has been injured in a ski accident, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with one of our College Station ski accident lawyers. You pay nothing unless we win your case. That is our No Win, No Fee Guarantee.

Meetings with attorneys are available by appointment only.