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When a loved one dies in a halfpipe accident, surviving family members may be left with substantial debt and heartache.
If you are the survivor of a wrongfully deceased individual, filing a wrongful death claim may allow you to receive compensation.
What Are the Risks of Halfpipes?
The halfpipe is snowboarding’s most commonly viewed competitive event. The event is performed in a half tube of snow that contains just enough of a pitch for snowboarders to maintain their momentum. Not only is the halfpipe a popular Olympic event, but it is also a common competition across the globe. In addition to the Olympics, other important superpipe competitions bring in snowboarders from all around the world to compete for fame and title.
Despite the halfpipe’s popularity, the event itself is inherently dangerous. According to snow competition experts, modern halfpipe riding requires a mixture of talent, strength, and balance. The event is infamously known to cause substantial injuries to the knees, wrists, ankles, and neck. Unfortunately, no amount of skill grants an athlete immunity from the dangers of the halfpipe. In fact, Olympians and Winter X athletes alike have been known to sustain permanent injuries, or even death, on the halfpipe.
Ultimately, competing on the halfpipe greatly increases a snowboarder’s risk of injury or death. While there are some safety precautions that a rider can take before practicing or competing, the halfpipe carries some unavoidable risks that athletes must accept if they wish to thrive in the sport.
What is a Wrongful Death Claim?
Unfortunately, athletes are killed participating in the halfpipe competition more often than would otherwise be preferred. Sometimes, the surviving family members of these deceased athletes may be eligible to initiate a wrongful death lawsuit depending on the specifics of the accident. Generally, wrongful death lawsuits can be filed by a party if the death in question was caused by the wrongful act, carelessness, unskillfulness, neglect, or default of another person, corporation, or organization involved in a halfpipe competition or practice.
A wrongful death occurs when an individual is killed because of another person or entity’s negligence or general misconduct. Generally, a wrongful death action is a civil tort claim that allows certain surviving family members to hold negligent parties responsible for actions that led to the death of their family member. However, wrongful death actions themselves are solely aimed to allow civil recovery to compensate grieving loved ones for any incurred suffering, expenses, or trauma.
In 2021, every state permits some sort of wrongful death action in the civil context. Typically, every jurisdiction has its own wrongful death statute with individualized criteria and procedures for bringing a lawsuit. These specifics vary by state, but many statutes share similarities. If you have lost a loved one in a halfpipe accident, you may be entitled to legal compensation for the wrongful death of your family member. Thus, it may be beneficial to contact a halfpipe wrongful death attorney as soon as possible to evaluate the standing of your legal claim.
Who Can Bring a Wrongful Death Claim in a Halfpipe Accident?
Although every state has some sort of wrongful death statute, the specifics of those statutes can vary dramatically.
In Colorado, the surviving spouse may file a wrongful death claim for the first year after the death, and then the children or the spouse may bring a claim. If there is no surviving spouse or children, the decedent’s parents may file a wrongful death claim.
As with any type of injury lawsuit, the amount survivors can recover varies depending on the specifics of your claim. Colorado courts often uphold liability waivers because skiing and snowboarding are inherently risky, so depending on the circumstances of the accident, if the injured party signed a liability waiver, they may have given up their right – and their survivors’ right – to file a wrongful death claim. An experienced Denver attorney may help you understand your rights after the halfpipe death of a loved one.
What Damages Can Be Awarded in Wrongful Death Claims?
When bringing a wrongful death claim, there are many different types of damages that an aggrieved party may request. The damages received may vary depending on the specifics of your claim. Damages in a wrongful death lawsuit may include compensation for:
- Pain and suffering
- Loss of love and companionship
- Loss of guidance, advice, and counsel
- Loss of life assistance
- Loss of inheritance
- Funeral and burial costs
- Mental anguish
- Lost earning capacity
- Lost household services
Courts occasionally award punitive damages in an attempt to punish the responsible party for especially egregious recklessness or intentional acts, but they are rare.
Damages in wrongful death lawsuits may be awarded to compensate both your economic and non-economic losses, depending on your relationship between you and the deceased party. Contacting an attorney who specializes in wrongful death lawsuits may help you determine the damages available in your case.
What MAY a Halfpipe Wrongful Death Lawyer Do for Me?
1. Determine Applicable Laws
Colorado has a unique set of laws regulating skiing and snowboarding liability. A halfpipe wrongful death lawyer may be able to help you understand and apply Colorado laws to the facts of your case.
2. Assess Party Liability
In many cases, allocating party liability and fault is one of the most difficult parts of the case evaluation. An experienced lawyer may be able to help you assess the facts of your claim and allocate the parties’ fault accordingly by helping you determine who or what caused the death of your loved one.
3. Assist You in Evidence Collection
In wrongful death claims, an evidentiary record of the victim’s injuries is critical to establishing a causal link for liability. Documentation provides an important paper trail of injuries, causes, or contributing factors. Unavoidably, as time passes, involved parties and eyewitnesses alike begin to forget important facts about an incident. Even though a detail may not seem relevant at the time, it may become extremely important if you later choose to pursue damages for the wrongful death. Document every detail of the incident immediately after it happens to contribute to this evidentiary record. A ski and snowboard accident lawyer may be able to help you collect this evidence and organize it in preparation for litigation, which may ease the overall burden of bringing the lawsuit.
4. Negotiate a Settlement
Some corporations and organizations carry insurance policies to cover the costs of any accidents and injuries that occur during their hosted events. These insurance policies may provide an appropriate avenue for redress in a halfpipe wrongful death claim. When dealing with these large companies, having an experienced and knowledgeable attorney is extremely important, especially when attempting to negotiate a fair settlement. An experienced lawyer may be able to assist you in conducting negotiations to help you seek a fair settlement amount.
Get Help from Zinda’s Halfpipe Wrongful Death Lawyers.
Halfpipe wrongful death claims usually involve complex issues and require substantial legal analysis. If you are a surviving family member of a victim of a halfpipe wrongful death incident, you should contact a lawyer who handles wrongful death lawsuits as soon as possible. A halfpipe wrongful death attorney may be able to help you seek legal recourse for any damages related to the incident and evaluate the specific facts of your claim.
At Zinda Law Group, we have the knowledge and resources necessary to help you pursue the highest compensation possible. The sooner you contact our office, the higher the likelihood that we will be able to assist you. Our Denver attorneys have helped many clients seeking compensation after a ski or snowboarding accident.
If your loved one has been killed in a halfpipe snowboarding accident, call Zinda Law Group at (800) 863-5312 for a free consultation with one of our halfpipe wrongful death lawyers. We work on a contingency fee basis. You don’t owe us anything unless we win your case.