Skiing is a perfect way to enjoy the outdoors and get some exercise in the winter months, but even highly skilled skiers could suffer an injury on the slopes. Fortunately, most skiing injuries are relatively minor and will heal in time.
However, ski accidents also can result in catastrophic injuries that change a person’s life forever. Head injuries, spinal cord damage, and crushing injuries are all possible in a ski crash, and in some cases are fatal.
If a skiing injury results from negligent management of the slope, you might be able to seek damages from the negligent party with help from a skilled local attorney. An Augusta County ski accident lawyer could review your case and advise you on how best to proceed with your case. Here are a few ski injury cases The Warren Firm has taken on and settled for substantial amounts.
Skiing has some inherent risks, and anyone who chooses to ski is assumed to have accepted those risks. This assumption is significant because Virginia follows the comparative negligence doctrine, which says that a person who bears some responsibility for his or her injuries cannot seek damages from other potentially responsible parties.
However, state law offers injured skiers some recourse in certain cases. Virginia Code §8.01-227.20 states that if an operator of a winter sports area was negligent in regard to safety, that operator could be liable to someone who was injured as a result. For instance, the operator of a ski area might have liability toward a skier injured by a dangerous chairlift if it was not properly maintained.
Whether or not a particular injury was the result of a ski area operator’s negligence will depend on the specific facts surrounding the incident. An experienced local attorney could evaluate the circumstances of a case to determine whether the operator’s negligence might have been a factor in the skier’s accident.
Skiers who suffer injuries due to another’s negligence may be able to recover substantial monetary damages. Damages provide compensation for the financial and personal losses a skier suffered or will suffer because of his or her injury. In most cases, it is beneficial to have an Augusta County lawyer assist the injured skier in calculating his or her total damages from the accident.
Economic damages include the financial losses stemming from the accident. This includes past and future medical bills, lost wages, and decreased earning capacity.
Non-economic damages provide compensation for the intangible effects of an injury. These might include physical pain and emotional suffering, as well as any diminishment of a skier’s quality of life as a result of an accident.
The Commonwealth requires injured people to file a lawsuit seeking damages within two years of their injury. A failure to adhere to this timeframe will defeat a case, no matter how much merit it might have.
Additionally, even when an injured person prefers to avoid court, it is critical to keep the statute of limitations in mind. The threat of a lawsuit is leverage that could induce a negligent party and his or her insurer to offer a reasonable settlement.
If you have been injured on the slopes, you need capable representation to help move your case forward. An Augusta County ski injury lawyer could help you pursue damages and hold the negligent parties accountable for the harm they caused. Schedule a case review at The Warren Firm as soon as possible after an injury to assure the preservation of all of your rights. We look forward to speaking with you.