Whether you’re cross-country skiing or rocketing downhill, you must be aware of your surroundings. Even when you take every possible precaution, other people’s negligence can ruin your afternoon, if not your immediate future. Ski accidents can result in significant personal injury, property damage, and a long-term reluctance to get back to the slopes.
Our team understands the frustration you can feel contending with the consequences of someone else’s negligence. That’s why our ski accident attorneys in Ogden, UT, want to give you the tools to hold liable parties accountable for your losses. You can come to 1Law with your ski accident case.
Ski accidents tend to result in unique injuries, but there is precedent for such cases in civil court. Civil courts in Utah consider these cases to be personal injury lawsuits. As such, the limitations that apply to personal injury lawsuits throughout Utah also apply to your ski accident case.
Specifically, the deadline that applies to your case is going to be the same as it would be if you got into a car accident or experienced medical malpractice. The personal injury statute of limitations in Utah is defined by Utah Code Ann. §78B-2-307. This code gives you four years to submit your ski accident claim to a county clerk.
The only time this deadline changes is when the party allegedly liable for your lawsuit does. If, for example, you want to take up a complaint against the Department of Parks and Recreation for poorly maintaining their ski trails, you can. However, you may have to submit your complaint on a much tighter deadline than if you kept a claim in the private sphere.
Before you file a civil complaint demanding ski accident damages, you must know who you want to name liable for your losses. There are several parties whose negligence can trigger your accident, including:
When determining who to hold liable for your ski accident losses, you have to consider what evidence is available to you in the wake of your accident. Physical evidence indicating poor trail maintenance, for example, can prove the Department of Parks and Recreation liable for your losses.
You can also work with eyewitnesses and accident recreationists to determine what information about your case is available to you. We can communicate with all of these parties and bring together the documentation needed to prove your right to civil action forward.
Many independent groups and rental agencies will have you sign a waiver before you use their skis on the slopes. At first glance, it can seem as though these waivers may deny you the right to legal action against an offending party in the wake of an accident. This is not the case. Most waivers, if not crafted by an attorney, do not remove a group’s responsibility owed to you.
Before you let a waiver stop you from seeking out compensation for accident losses, contact our team. Our ski accident attorneys in Ogden can look over your original waiver and see how specifically it might apply to an upcoming case. We can then make sure you have every opportunity possible to pursue compensation for your ski accident’s losses.
Before you submit a ski accident complaint to a county clerk, you need to estimate the value of your accident’s related losses. The court expects you to submit an estimate of your expected compensation alongside the evidence establishing liability in your case.
You can break down the losses tied to your accident into two categories. Your ski accident-s economic losses are going to be the most straightforward. These are the losses that come with bills. Medical expenses for essential care, for example, constitute a ski accident economic loss. So does the cost of repairing damaged property and taking time off of work.
On the other hand, you have your non-economic losses. In the wake of a ski accident, these losses can include emotional distress in response to your injuries as well as pain and suffering. We can use multipliers to stand in for the value of these cases.
Bringing your case to the attention of civil courts is only the first step you take toward compensation for your ski accident losses. So long as you submit your case within the deadline established by the state of Utah, you can expect a county clerk to consider the data you’ve presented. That clerk can then decide to move your case forward.
In moving your case forward, you receive two options. You can either request that you take your ski accident losses before a civil judge. Alternatively, you can summon the party named liable in your lawsuit to negotiate a settlement. In the aftermath of a ski accident, neither of these options is better than the other.
Rather, you should choose the means of compensation that you think best suits your case. For example, ski accident lawsuits involving belligerent defendants may move most efficiently through a civil court. However, cases where liability is straightforward may resolve more quickly in negotiations.
Skiing is a great way to stretch your muscles during a long winter. Don’t let someone else’s negligence prevent you from getting back to the slopes. You can connect with an Ogden ski accident attorney to press for your right to post-accident damages. Together we can present your case to a county clerk and fight to move it forward.
You can learn more about the benefits of pursuing a ski accident civil claim by contacting 1Law’s office. We’re available to discuss the nature of your case and schedule a consultation over the phone. You can alternatively dive into the details of your losses via our free legal chat.