CALL (800) 863-5312 TO SPEAK WITH A NEW MEXICO SNOWBOARD INJURY LAWYER TODAY
Snowboarding is a thrilling but dangerous sport. The risk of injury is high, and the types of injuries that may be sustained are numerous. The victim of a snowboarding injury often incurs a variety of costs related to doctors’ appointments and missed time from work. Under New Mexico law, snowboarding injury victims may be able to pursue compensation in the form of damages for such costs by filing a claim against the person or entity that caused the accident.
If you or a loved one has been injured in a snowboarding accident and are interested in filing a claim, or to learn more about New Mexico’s snowboarding laws, call Zinda Law Group at (800) 863-5312 to receive a free case evaluation with one of our experienced New Mexico snowboard injury lawyers today.
COMMON SNOWBOARD INJURIES
Many snowboard injuries arise from collisions with other objects. For instance, a snowboarder may hit a tree or a post and suffer a back injury. Other snowboard injuries may result from defective equipment. For example, a loose securing mechanism on a snowboard may result in a sprained ankle. Listed below are several of the most common types of snowboard injuries:
- Torn ligaments (e.g., ACL, MCL)
- Fractured or sprained wrists
- Fractured or sprained ankles
- Broken arms
- Broken legs
- Head, neck, and spine injuries
- Spinal cord injury
WHAT TO DO AFTER BEING INJURED IN A SNOWBOARD ACCIDENT
1. Seek Medical Attention
Any snowboarding accident that results in an injury should be immediately followed by calling for medical attention. Many ski resorts have emergency personnel on-site. If there is no such help, call 911 or local paramedics. If the injury is severe, such as those involving loss of consciousness or injury to the head and spine, do not try to move the victim. Apply basic first aid and wait for medical personnel to arrive.
2. File a Report
In most states, if you are involved in a snowboarding accident with another person, you are required to provide your contact information with the other skier. Failure to do so may lead to civil or criminal penalties.
When feasible, be sure to file an accident report with the ski resort or property manager. Filing a report will create an official record of the accident and can provide you with an opportunity to explain how the accident occurred.
When filling out the report, refrain from admitting fault of any kind and be sure to include as many important details about the accident as you can recall. For instance, include details such as how the accident occurred, when it occurred, and what injuries you sustained. The report may later help support your claim.
3. Document the Accident
It is also imperative that you “document the accident” by creating a thorough record of all documents relating to the accident. These documents may later be instrumental in establishing liability against the at-fault party and proving up your damages. Keep the record organized and handy by keeping copies of the following documents in your home office or on your smartphone:
- Witness statements
- A copy of the accident report
- Photographs of your injuries
- Photographs of the scene of the accident
- Medical bills and records
- Property damage repair estimates
4. Call a Snowboard Injury Lawyer
Once you are close to recovering from your injuries and feeling well, contact a New Mexico snowboard injury lawyer. It is critical that you do so before speaking with any insurance companies or agreeing to any settlement offers. These offers may sound lucrative, but they may also require you to forfeit your legal rights.
A quick consultation with a New Mexico snowboard injury lawyer may allow the lawyer to gather the facts of your case. From there, the lawyer may be able to provide advice regarding the rights and remedies that are available to you. Importantly, the lawyer may also work on your behalf by negotiating with insurance companies to reach a settlement agreement that protects all of your legal rights.
NEW MEXICO SNOWBOARD LAWS
Several states have laws dedicated exclusively to skiing and snowboarding. In New Mexico, this law is known as New Mexico’s Ski Safety Act. The Ski Safety Act imposes duties on both ski resorts and individual skiers and snowboarders.
Under the , primary responsibility for the operation and maintenance of lifts, tramways, and other equipment and facilities is on ski resorts and operators. Operators are also required by law to carry insurance, maintain a ski patrol, and mark certain areas with warnings or similar notices. Thus, a ski resort may be liable for a snowboarder’s injuries if, for example, the snowboarder was injured due to a broken or defective ski lift. A ski resort may also be held liable if it failed to place warning signs in a hazardous area.
In contrast, primary responsibility for skiing safety resting with the individual skier or snowboarder. This means that a snowboarder must act “carefully” in recognition of the “inherent risks” of the sport. Typically, a snowboarder will not be allowed to recover damages from another party if the snowboarder’s own negligence contributed to the accident that caused the snowboarder’s injuries.
TYPES OF SNOWBOARD ACCIDENT COMPENSATION
Snowboard injury victims often incur a variety of costs following an injury. Trips to the doctor, prescription drugs, and lost wages can have a significant impact on your finances.
Compensation for these costs, and others, may be pursued by filing a claim against the person or entity whose conduct led to the accident occurring in the first place. In legal terms, this compensation is referred to as “damages.” The damages that may be available to a snowboard injury victim fall into two categories: economic damages and non-economic damages.
Economic damages refer to objective, quantifiable costs incurred as a result of an accident. If there is a receipt, invoice, or statement for the cost, chances are it will fall into the category of economic damages. In a snowboard accident case, economic damages may include:
- Medical expenses, present and future
- Pharmacy costs
- Rehabilitation costs, present and future
- Lost income
- Loss of earning capacity
- Property damage, if applicable
In contrast, non-economic damages refer to the subjective, unquantifiable, and intangible costs incurred by a snowboard injury victim. Whereas a victim’s economic damages are typically evaluated on paper, a victim’s non-economic damages are typically evaluated by the jury in a lawsuit. Types of non-economic damages in a snowboard injury case may include:
- Physical pain and suffering
- Emotional distress
- Disfigurement and disability
- Loss of companionship
- Loss of consortium
STATUTE OF LIMITATIONs
Snowboard accident victims should not wait to file a lawsuit. There is a legal time limit that must be taken into account. This legal time limit is referred to as a “statute of limitations.” Generally, if a snowboard accident victim fails to file a claim “within” the statute of limitations, the victim forfeits the right to pursue compensation for his or her losses.
Under New Mexico law, there is a three-year statute of limitations for personal injury cases, including snowboard injury claims. This means that a snowboard injury victim has three years from the date of injury to file a lawsuit. For instance, if you were injured in a snowboarding accident on January 1, 2021, you would have until January 1, 2024 to file a lawsuit.
As you can tell, the statute of limitations is a critical aspect of a personal injury claim. Unfortunately, many people lose out on thousands of dollars each year simply because they forgot to stay on top of their case. Lawyers and clients must always be aware of important dates to ensure that a lawsuit is timely filed. A quick consultation with an experienced snowboard injury lawyer may help ensure that your claim is filed in a timely fashion against all proper and necessary parties.
LET ZINDA LAW GROUP FIGHT FOR YOU
At Zinda Law Group, we understand the uphill battle that snowboard victims face. Juggling work, recovery, and other matters is no easy task. That’s why we are willing to fight for you while you focus on recovering from your injuries and getting well as quickly as possible.
Our attorneys have years of experience handling snowboard injury claims. After an initial consultation, we may be able to provide valuable legal advice regarding the rights and remedies that may be available to you. We understand how to effectively negotiate claim settlements with insurance companies. We have access to state-of-the-art resources to build the viability and strength of your claim. Above all, our attorneys strive toward treating each case as if it were our own and giving every aspect of the matter the attention to detail it deserves.
If you would like to discuss the details of your case with an experienced New Mexico snowboard injury lawyer, or to learn more about filing a claim following an accident, call Zinda Law Group at (800) 863-5312 to receive your free case evaluation. We offer a No Win, No Fee Guarantee.
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