Ski Lift Lawsuits
What Is the Settlement Check Process for Ski Lift Lawsuits?
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What Is the Settlement Check Process for Ski Lift Lawsuits?
When you have been hurt on a ski lift or while skiing, you may have questions about the ski lift lawsuit settlement check process. The support of an experienced personal injury lawyer can make a world of difference in assisting you through this challenging time and in helping you to understand the ski lift lawsuit settlement check process.
Most people who have been hurt on a ski lift do not understand all of their opportunities to recover compensation and can therefore make mistakes in their case that could jeopardize them from recovering full and fair compensation. That makes it all the more important to retain the services of an experienced and knowledgeable lawyer as soon as possible. Read on to learn more about what it takes to recover damages and what you can expect in the ski lift lawsuit settlement check process.
Can I Sue a Ski Resort?
Most people going out skiing for the day, the weekend, or the week do not anticipate that they will end up suffering from a serious ski lift injury. However, if this does happen you need to be prepared to consult with a dedicated lawyer as soon as possible. Not all circumstances involving a ski injury will make you eligible to open a personal injury lawsuit, but if you can show that the property owner or manager is responsible for improper maintenance on the ski lift or other issues of negligence, you can hold them accountable in a lawsuit.
Failure to maintain a ski resort for safety is one of the most common reasons for filing a lawsuit against a ski resort. Ski resorts have a legal responsibility to make sure that their premises are relatively safe for anyone visiting the resort. Ski resorts are not able to always avoid responsibility simply by having people sign legal paperwork like a waiver. This means that ski resorts must make reasonable efforts to ensure that their ski lift slopes and other equipment are appropriately maintained.
Imagine that a ski resort fails to maintain their ski lift on a regular basis or does not engage in regular maintenance for safety checks and that someone subsequently gets hurt. Injured skiers may have eligibility to open a lawsuit and to work through the ski lift lawsuit settlement check process. Ski resorts, however, are only accountable for injuries that occur on their premises. This means that if you decide to ski outside the boundaries or attempt to engage with ski lifts that are not open to the public, then you would not necessarily be eligible to pursue a lawsuit.
The ski resort, however, does need to take reasonable steps to determine whether there are dangerous conditions on their premises, and even in those situations, a ski resort still has a legal responsibility to make sure that any trespasser is aware of the hazardous conditions. This means that in some circumstances a trespasser can even sue a ski resort if they were injured by dangerous conditions in the absence of proper warning or signs indicating danger.
Lifts and Machinery Problems
When appropriately maintained and well managed the lifts and machinery at ski resorts are relatively safe, but this is not always the case. Some people can be seriously injured during a ski lift malfunction when a person comes in contact with machinery or when another person improperly uses the lift. Resorts are responsible for ensuring that they only hire trained professionals to operate machinery and should regularly check it for defects.
If you find yourself seriously injured on a ski lift and need to move forward with a lawsuit as an effort to recover compensation, it is strongly recommended that you retain a personal injury lawyer who has familiarity with this area of the law and can help you to file a suit.
Understanding the Basics of Settlement Checks
Most cases involving ski lift injuries will not go to trial or will resolve before the filing is complete. This is because they mirror many other personal injury lawsuits in which the settlement process is the most common form of resolution. If you wind up hurt in a ski lift accident, it is highly likely that you will file a lawsuit with the other side to at least evaluate the terms of settlement opportunities early on.
Settlement checks can be one way for you to close out the case without worrying about the uncertainty of trial, but sometimes these can be a frustrating process because most people are not familiar with what happens next.
The settlement check might appear right away after settlement, or it might take weeks or months depending on your specific situation. In either case, however, you need to have an awareness of the typical timeline so that your lawyer can help you if needed.
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When Do I Receive a Settlement Check?
After you and the other side have agreed to come to terms in the form of a settlement, your attorney will have you sign what is known as a release form. At that point in time, the signed form is submitted to the insurance company, entity, or other person you have agreed to settle with. The recipient will then receive and process that release form. An insurance company of a large size will probably send you your settlement check immediately. Your attorney will be the one who receives the physical check in the ski lift lawsuit settlement check process, at which point they will deduct any portion of their fee if you signed a contingency fee agreement and then pass the remainder on to you.
There are sometimes delays in this process, so it is normal to not get the check right away. However, if your attorney has been waiting for payment from a more established insurance company, there was likely a technical error, and your lawyer should be familiar with when they should reach out in the ski lift lawsuit settlement process to ensure that you have the opportunity to receive that check in a timely manner.
Given that your medical treatments and other damages may be directly tied to your ability to get this check, you want to receive it in a timely manner and be able to apply it to your medical care right away. The support of a personal injury attorney can make this process much easier. Issues do arise in many cases when dealing with less reputable or smaller insurance companies who do not have effective processing departments. These companies could take weeks or even months to get together your settlement materials and even process the release form. This can be very problematic when you have other things to worry about and need to be focused on your personal and medical care. Hiring an experienced personal injury lawyer who is willing to stay in constant communication with these insurance companies can make it much easier for you and can give you the support that you need.
After the check clears, your lawyer will need to satisfy any liens on the settlement, take out their fee, and pay for out of pocket expenses. You will always agree on the lawyer's fee in advance, so it will not come as a shock during the ski lift lawsuit settlement check process that they have taken some of their fee out. After that point in time, you may also have to handle any medical providers or people who contributed to or provided for your treatment if they are eligible to be repaid from the settlement money.
In an effort to maximize your case value, your lawyer might try to negotiate bills from these providers to the minimum that those providers would accept in order to increase your overall settlement amount. A knowledgeable lawyer can make a world of difference in cases like this to help you increase your maximum recovery of compensation. For more information about this process, schedule a consultation with a dedicated attorney.
Should I Try to Get a Settlement From the Resort First?
When you’re hurt, you’re probably going to let people at the resort know right away. You should hear from them, too, regarding any insurance claims or paperwork you might need to complete. However, this is mostly in relation to what the resort needs, not you. Separately, you might need to meet with an experienced ski lift injury lawyer to ensure that someone is covering all the important steps that you need to keep in mind when you’re trying to recover compensation for your injuries.
It’s best to let your lawyer handle any settlement conversations with the ski resort or their insurance company so that you can feel prepared for the legal aspect of the case. Your lawyer can really help you get a better sense of what is needed.
If you have been injured in a ski lift accident and want to recover compensation or if you have already settled with a ski resort for your injury and are trying to receive your settlement check, contact the experts at Morgan & Morgan. You can get a free, no-obligation case evaluation to help you decide on your next steps.