Why Do Insurance Companies Say Your Injury Claim Is Exaggerated?

Skiing is an enjoyable and exciting pastime that many people enjoy on their vacations and holidays.
 
Although it is a common recreational activity, many serious skiing accidents happen each year. Skiing leaves participants incredibly vulnerable to their surrounding environments.
 
Because of this, many of these accidents result in catastrophic injuries. Victims of skiing injuries can sometimes seek financial compensation for their associated costs and losses.
 
If you or someone you love has been injured in a skiing or snowboarding accident, reach out to a skilled personal injury attorney. Understanding skiing laws in the U.S. is vital for filing a successful injury claim.
 
The skilled attorneys at Morgan & Morgan have the skills and knowledge to recover compensation in skiing and snowboarding accident claims. Below, we will examine some of the most important legal questions relating to skiing injury lawsuits.
 
You should not have to bear the costs from a skiing injury that another party caused. Victims of skiing accidents have the right to pursue financial recovery from the liable person or entity. 
 
At Morgan & Morgan, we offer new clients a completely free legal consultation to discuss the facts of their case. We will happily help you determine the best path forward following a skiing or snowboarding injury.
 
For help understanding skiing laws in the US, reach out to our firm. To arrange your no-cost case evaluation, fill out the easy-to-use contact form on the Morgan & Morgan website.

Common Types of Skiing Injuries

Injuries from skiing and snowboarding can range in severity. Some skiing accidents only cause mild bruises, scrapes, and cuts.
 
Other skiing injuries are intense and result in long-lasting medical issues. Sadly, some skiing accidents cause fatal injuries.
 
No matter what type of injury you have sustained, you may be able to recover compensation for the associated damages.
 
Some of the most common mild injuries from skiing and snowboarding accidents include:

• Knee damage and injuries
• Leg fractures and broken bones
• Broken or sprained wrists
• Sprained or fractured fingers
• And more

 Unfortunately, some skiing and snowboarding injuries are serious. Some of the most common examples include:

• Traumatic brain injuries (TBI)
• Spinal and back injuries
• Broken ribs
• And more

These severe injuries are especially likely for skiers and snowboarders who travel at high speeds. Enthusiasts who attempt to navigate difficult courses are also at an increased risk. 
 
According to recent research from the CDC, the prevalence of snowboarding and skiing accidents is increasing. There has been a significant increase in TBI and spinal injuries resulting from skiing accidents. 
 
Snowboarding results in more injuries than any other outdoor recreational activity. If you have been involved in one of these accidents, you may need help understanding skiing laws in the U.S.
 
Following an accident, many injury victims are unsure about what types of compensation the skiing laws allow them to recover. Speaking with a knowledgeable attorney will ensure that you fully understand your legal options. 

Common Damages in Skiing and Snowboarding Accident Cases

The term “damages” refers to the financial recovery that accident victims can secure through a personal injury claim. Like in other types of personal injury cases, skiing accident victims can pursue compensation for a wide range of losses.
 
Some losses resulting from skiing accidents take the form of monetary costs. Compensation for these direct financial expenses is called “economic” damages.
 
Typical examples of economic damages in skiing and snowboarding accident cases include:

• Current and future medical expenses
• The cost of replacing or repairing damaged property, including skis
• Lost income and wages due to missed workdays
• Ongoing medical losses
• And more

Not every type of harm from an injury takes the form of a direct monetary loss. In many cases, the intangible negative outcomes are the most difficult following an accident. 
 
Financial payments intended to cover the costs of these losses are called “non-economic” damages. Some of the most common examples of non-economic damages are:

• Loss of ability to enjoy life
• Physical pain and suffering
• Mental trauma, distress, anxiety, and panic
• Post-traumatic stress disorder (PTSD)
• Loss of consortium in a wrongful death claim
• Embarrassment
• Disfigurement and disability
• And more

It can be very difficult to calculate the appropriate amount of non-economic damages in a skiing or snowboarding injury case. That is why it is critical to consult with a legal expert.
 
In a small number of skiing accident cases, the victim may be awarded punitive damages. This type of payment is not intended to compensate the injured person for their losses.
 
Instead, punitive damages are intended to punish the at-fault party for their negligent actions. Most skiing accident cases do not result in the payment of punitive damages.
 
These payments are only awarded if the at-fault party behaved in a particularly dangerous or reckless manner. 

Some situations that might result in punitive damages include:

• Intentionally skiing or snowboarding in a reckless way
• Operating related equipment recklessly, including lifts, snowmobiles, or sloping equipment
• Engaging in altercations with others at a ski resort
• Knowingly operating malfunctioning or faulty equipment
• Any type of grossly negligent or intentionally dangerous behavior

An injury attorney at Morgan & Morgan will provide help with understanding skiing laws in the U.S. Our firm will accurately determine the value of your claim and fight for maximum compensation for you.

Understanding Skiing Laws in the U.S. Involving Negligence

Many personal injury cases, including some involving skiing accidents, rely on the legal concept of “negligence.” If your skiing or snowboarding accident was the result of another person’s negligence, they may be required to pay you damages.
 
Proving negligence in a personal injury claim involves four distinct elements. When you hire one of the legal experts at Morgan & Morgan, we will help you prove the following:

Duty of Care

Proving negligence involves showing that the at-fault party had a duty to act in a reasonably safe and legal manner. In the context of a skiing accident, this could implicate other skiers or those who operate the resort where the injury took place.
 
Skiers have a duty to those around them to avoid causing harm or injuries. Resort owners have a duty to keep the grounds and equipment in good working order.

Breach of Duty

Plaintiffs also need to show that the at-fault party breached their duty of care. Examples of this include:

• Skiing in a reckless way
• Failing to maintain ski equipment
• Providing faulty skiing or snowboarding rental equipment

When you need help understanding skiing laws in the U.S. relating to negligence, contact a legal professional. If someone breached their duty and caused you harm, you deserve justice.

Cause

The relationship between the defendant’s breach of duty and the resulting harm must be causal. That is, the at-fault party’s careless actions must be the direct or proximate reason for the damages you sustained in the skiing accident.

Damages

To prove negligence in a personal injury case, you will need to show that the at-fault party’s carelessness led to actual damages. If the other person’s careless behavior caused you no harm, the incident does not qualify as “negligence.”
 
Negligence cases do not necessarily involve reckless skiers, trainers, or resort operators. In some cases, skiing and snowboarding injuries are the result of faulty or malfunctioning equipment.
 
If your skiing accident was the result of a dangerous or defective product, you may be able to pursue a product liability lawsuit. In these cases, you can pursue financial recovery from the companies that distributed, manufactured, or designed the product in question.
 
To determine the nature of your skiing accident case, reach out to the knowledgeable team at Morgan & Morgan. We will provide you with a free consultation to review the facts of your case.
 
No skiing injury case is too complex, and no claim is too difficult. We will pursue maximum financial recovery to cover the losses from your accident. 

The Assumption of Risk

In a personal injury case involving a skiing accident, at-fault parties can offer many types of defense arguments. One of the most common defenses is known as “assumption of risk.”
 
This type of defense references the inherently dangerous nature of skiing and snowboarding. With this defense, the accused party is claiming that you bear responsibility for your injuries because you willingly took part in an inherently hazardous activity.
 
The accomplished attorneys at Morgan & Morgan know how to counter these claims effectively. We will thoroughly investigate the circumstances of your situation and build a case to get the money that you need.