Zipline Accident Lawyers in Las Cruces, New Mexico
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CALL (800) 863-5312 TO SPEAK WITH A ZIPLINING ACCIDENT LAWYER FOR FREE
When rollercoasters and other theme park rides are not thrilling enough, some thrill-seekers go for more hazardous recreational activities such as ziplining. Though ziplines were originally used as a practical means to ferry people, goods, and livestock in jungle environments, ziplines are now ubiquitous as tourist attractions. Though ziplining can be a fun experience, you should be aware that ziplining can also lead to severe injuries.
If you or your loved one has suffered an injury while ziplining, you may be entitled to compensation. Call Zinda Law Group at (800) 863-5312 for a free consultation with one of our ziplining accident lawyers.
WHAT IS A ZIPLINE?
A zipline is simply a cable with one end at a higher point than another. A person can travel from one end of the cable to the other by the use of a pulley.
ZIPLINE ACCIDENT STATISTICS
It is not surprising that people get injured while ziplining. After all, zipline riders can travel at a rate of almost 100 miles per hour. Because the number of commercial zipline parks and amateur zipline installations has increased over the past decade, the number of injuries has also increased. For example, between 2009 and 2012, the annual injury rate from all ziplines went from 8 per 1 million U.S. residents to 12 per 1 million. More than ten percent of these injuries resulted in hospital stays–a rate that is higher than hospital stays that result from conventional sports injuries. What is most tragic is about zipline accidents is that most victims are children.
COMMON INJURIES FROM ZIPLINING
The following list of zipline injuries and the percentage of those injuries are from a 2015 study by the American Journal of Emergency Medicine.
- Broken bones (46%)
- Bruises (15.2%)
- Strains/Sprains (15.1%)
- Concussions/closed head injuries (7%)
COMMON CAUSES OF ZIPLINE ACCIDENTS
- A faulty cable
- A defective harness
- A defective pulley system
- A poor design
- Natural hazards such as trees
- Faulty safety devices
HOW TO BE SAFE WHEN ZIPLINING
Taking certain safety precautions is essential to ensure the smallest risk of receiving injuries from ziplining. Though ziplines are not regulated by the federal government, they are regulated by other agencies. In about half the states, ziplines are regulated by agencies responsible for roller coasters or elevators. Despite the fact that ziplines may be regulated by these agencies, it is in your best interests to look for yourself whether the zipline is safe. Do a visual inspection. Look to see if there are any broken wires or physical damage to the cables.
WHO MAY BE LIABLE FOR YOUR ZIPLINING INJURIES
The Employee
If an employee’s negligence led to your zipline accident, you may have a claim against the employee. Some examples of a zipline employee’s negligence include sending a rider down before the line has been cleared and failure to check the harnesses.
The Zipline Company
An employer is generally liable for an employee’s negligence as long as the employee was acting within his job’s duties at the time of the accident. You may have signed a wavier holding the zipline company harmless in the event you were injured. In some cases, this may mean you don’t have a claim against the zipline company or its employees, but sometimes, these waivers are unenforceable. You should contact a lawyer to help you explore your options.
The Company That Produced the Zipline
If it is discovered that the zipline itself was poorly manufactured, you may have a claim against the company that manufactured the zipline.
Read More: Product Liability
POSSIBLE COMPENSATION FROM A SUCCESSFUL ZIPLINING ACCIDENT LAWSUIT
Cost of Medical Care
Staying at a hospital and receiving treatment can lead to catastrophic hospital bills. Even if you have insurance, your insurance company may not cover everything. You may be able to seek compensation for your out-of-pocket medical costs.
Lost Wages
If you have received severe injuries from ziplining, you are probably going to be unable to work, let alone move. As a result, a successful lawsuit against a ziplining company may account for this fact and include those lost wages in your compensation.
Physical Suffering
Some injuries never quite fully heal, leading to chronic injuries throughout the rest of life. If this is the case, a plaintiff may be able to recover compensation for this chronic pain. Furthermore, a plaintiff may receive compensation not only for pain, but also for scars or disfigurements as well.
Learn More: How to Calculate the Value of Case
SETTLING WITH A ZIPLINE COMPANY
Oftentimes, it is beneficial for both parties in a lawsuit to settle rather than go to trial as trials can get extremely expensive. However, it is important that if you decide to settle, you do not want to reach a settlement amount that does not satisfactorily address your injuries. Follow the steps below to make sure you receive as fair a settlement as possible.
1. Demand a High Amount in Your Demand Letter
When you first file a personal injury claim with the other party’s insurance company, you will send the company what is called a demand letter, which will include the amount of money you wish to seek. Start with a high amount because the insurance adjuster will reply with a counteroffer that is of a lower amount. Therefore, if you start with a low amount, you will likely be given a counteroffer that is even lower, and you may lose the opportunity to pursue a higher compensation amount.
2. Provide Factual Support
Once you send your demand letter, the insurance adjuster will likely say that your claim is not worth the amount you say it is worth. When this occurs, you will need evidence to rebut the insurance adjuster. For instance, if the insurance adjuster says he or she does not think that your injuries are as severe as you say they are, you may want to provide him or her a doctor’s report showing the full extent of your injuries.
3. Repeat Steps 1 and 2
The insurance settlement negotiation process is really just bargaining. You and the insurance adjuster will go back and forth with you saying that your claim is worth more while the insurance adjuster saying it is worth less. Hopefully, you will be able to compromise on an amount that will satisfy your needs. However, if you are unable to reach a satisfactory compromise, you may wish to take your case to trial.
4. Patience is Key
Negotiating with an insurance adjuster can be frustrating and you may wish to settle on a low amount just to move on with your life. However, by doing so, you may lose out on large amounts of compensation you may be entitled to. The insurance adjuster is hoping that you follow this route, so do not fall for the trap and settle on an amount that is less than what you believe your claim is worth.
5. Be Prepared
Whenever you are speaking with an insurance adjuster, you will want to be prepared with the points you want to emphasize. Do not go into a meeting with an insurance adjuster without an idea of how much your claim is worth and evidence supporting your claim.
SETTLEMENT TIMELINE
Each personal injury case is unique. Therefore, the time it takes to settle a personal injury case varies. The settlement process first begins when you file a personal injury claim with the other party’s insurance company. The insurance company’s adjuster will then make an initial offer, but remember to not accept the initial offer because it will generally be not worth the value of your claim. After the adjuster gives you an initial offer, you and the other party will begin negotiating. This process can take a few months, a year, or even longer. It all depends on how complex your case is.
If you and the insurance adjuster still have not reached an agreement after many rounds of negotiations, your attorney may file a lawsuit with the court. The reason why your lawyer may do this is to get the insurance adjuster to give you a satisfactory offer. However, if the insurance company does not submit and decides to go to trial, you may have to wait longer for a conclusion to your case because trial dates are often set six to eight months after a complaint is filed. However, you still have the option to settle before the trial starts.
WHY HIRE A LAWYER
If you can’t reach a settlement offer, you may wish to take your case to trial. Hiring an experienced lawyer may be of significant help. For example, an experienced lawyer may help you in the discovery process, which is often the most burdensome aspect of a trial. This is the process where a lawyer questions witnesses and finds out the other party’s legal claims and arguments. Of course, an experienced lawyer may also help you by representing you at the actual trial. Though trials may seem straightforward on television, you will likely want to have a professional handling your trial.
CONTACT A ZINDA ZIPLINE ACCIDENT LAWYER
The experienced Las Cruces attorneys at Zinda Law Group may be able to help you After a zipline accident, you shouldn’t have to worry about affording legal representation, which is why you don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.
Call us today at (800) 863-5312 for a free consultation with one of our ziplining accident lawyers.
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