Frequently Asked Ski Accident Questions

We’ve both been practicing law and representing injured folks for 35+ years. We have recovered millions of dollars for our clients. We currently represent injured skiers in courts from coast to coast. We have the experience, expertise, and resources to represent you. All lawyers are not created equal. We know what we’re doing. No one will out-prepare us or out-work us. We’re old school lawyers who promptly return phone calls and respond to emails. Click HERE for more information about our backgrounds, experience, and how we take care of business.     

We don’t. If we take your case, you will never receive a bill from us because we don’t charge by the hour. We only represent our clients on a contingent fee basis. There is no out-of-pocket cost to you. We don’t get paid unless you get paid.

A contingent attorney’s fee is paid to a lawyer for services rendered only if the lawsuit is successful—either at trial, mediation, or via a favorable settlement. A contingent attorney’s fee usually takes the form of a percentage of the amount of cash and non-cash compensation recovered for the client. If we take your case, and successfully obtain compensation for your ski or snowboard injury, we will receive a percentage of the recovery as our fee. But if we don’t obtain compensation for your injuries, you will not owe us a dime for attorneys’ fees.

Bringing a ski accident case is not cheap. Depending on the case, deposition expenses, expert witness fees, and digital accident reconstruction expenses, for example, can be significant. If we take your case, we will advance all case expenses on your behalf, so there is no out-of-pocket cost to you. And if we successfully obtain compensation for your ski or snowboard injury, we will be reimbursed for the case expenses we paid for you out of your share of the recovery. But if we don’t obtain compensation for your injuries, you will also not owe us a dime for case expenses.

Here’s an example. Assume our attorney’s fee percentage is 40%, we paid $50,000 of case expenses on your behalf, and we obtained a $1 million settlement for you. In this case, we would receive a $400,000 attorney’s fee. And out of your share of the recovery, we also would be reimbursed for the $50,000 of case expenses we paid for you. Thus, out of the $1 million settlement, we would receive a total of $450,000 and you would receive $550,000.

In all truth—probably. On rare occasions, negligent skiers, snowboarders, ski area operators, and their insurance companies will settle early without having to file a lawsuit. But that only happens if you hire a lawyer that they know has the experience, expertise, resources, and willingness to try your ski accident case to a jury. And we’re those lawyers.     

Yes. But it varies. Each state has its own statute of limitations that sets the deadline by which a ski injury lawsuit must be filed. If you miss the filing deadline, your claims will be barred forever. Typically, the filing deadline is between one and three years from the date of the ski accident or collision that caused your injuries. Some states also have claim notification rules and/or longer filing deadlines. The law of the state in which you were injured sets the lawsuit filing deadline. Click HERE to check out the statute of limitations case filing deadline that applies to your situation.  

Although the law varies by state—which is a good example of why you need to hire a lawyer—if a loved one dies on the slopes because of a negligent skier, snowboarder, or ski resort operator, there typically are two actions available to those left behind: a wrongful death claim and a survival claim.

A wrongful death claim seeks compensation for the survivors of the deceased skier or boarder, and may typically be brought by the decedent’s spouse, children, and/or parents. The types of damages recoverable include loss of income, loss of companionship, loss of consortium, mental anguish, etc.

A survival claim, on the other hand, seeks compensation for the pain and suffering experienced by the decedent from the time of injury until the time of death, as well as any corresponding lost wages, medical expenses, funeral expenses, and/or property damages. Survival actions may be filed by the executor or administrator of the deceased skier’s estate, and any recovery becomes part of the estate.

Good question. The value of your claim is a complex determination based on several factors, including the nature and extent of your injuries, your prognosis, the facts of the ski accident itself, the expertise and reputation of the lawyer you hire,  the evidence gathered and presented to the court, the amount of your medical expenses, the law of the state in which you were injured, and the types and amounts of damages historically awarded by juries in the court in which your case is filed.

The types of damages recoverable will vary by state and may include lost wages, lost employee benefits, damage to the ability to earn money in the future, loss of time, household expenses, medical and hospital expenses, home and vehicle modification (such as adding a wheelchair ramp, etc.) and other out-of-pocket expenses, permanent injury and disability, physical pain and suffering, physical impairment, mental and emotional pain and suffering, inconvenience, emotional stress, impairment of the quality of life, loss of consortium, loss of affection, loss of lifestyle, and/or loss of the enjoyment of life.

Rest assured that if we take your case, we will work hard to recover every penny you deserve.

If we take your case, you will work directly with us from beginning to end—with the assistance of our legal assistants. We will not refer your case to another lawyer. If you hire us, you get us.

Each lawsuit is unique and has a life of its own. Good lawyers, therefore, must be strategic, creative, and able to customize the approach to fit the needs of the case. That said, most ski and snowboard injury cases consist of the following steps:

• Lawyer hired; defendant(s) researched; initial evidence gathered and preserved; facts evaluated; law analyzed.
• Settlement demand letter sent to the defendant.
• If the settlement demand is rejected, plaintiff’s complaint is drafted, filed, and served on defendant, thereby formally starting the lawsuit.
• Defendant answers the complaint, and the lawsuit is fully engaged.
• Defendant files motion to dismiss the case to make the case go away early.
• If the judge denies the motion to dismiss, discovery is conducted by the parties to finish gathering the evidence; discovery may consist of interrogatories (sworn written questions), requests for production of relevant documents, requests for admissions, and depositions of the parties, third-party witnesses, and experts.
• Defendant files motion for summary judgment in a second attempt to make the case go away.
• If the summary judgment motion is denied, most judges will require the parties to mediate the case before setting a trial date.
• If the mediation is not successful, the case is tried (usually to a jury).
• Post-trial motions and appeal depending on the outcome of the trial.    

Unfortunately, it takes time to complete these steps. Litigating a ski accident lawsuit is not a quick process. Depending on the court and the number of its pending cases, most ski injury cases take at least two years to get to trial. Of course, the parties, on their own, may voluntarily mediate or settle at any point on the case timeline.

Yes. Although it varies by case, you typically will have to go to court only to attend trial—unless, of course, your case is resolved beforehand.

Yes, but only to get their name and contact information. And even though you will probably be in excruciating pain, commit this information to memory until it can be written down. This is critical because many times, the colliding skier or snowboarder will leave the accident scene without providing this information. Don’t let that happen. And don’t let the people you are skiing with let that happen.

If the colliding skier or snowboarder leaves the scene of the accident without providing their name and contact information, you have less than a 1% chance of ever learning their identity. And without the name of the person who hit you, you have no case because most states’ laws protect ski areas from any liability for skier-on-skier and boarder-on-boarder collisions. Your only case is against the skier or snowboarder who ran into you.    

Above all, be a good listener and slow to speak. Let the other person talk about the accident and apologize. And then commit what they say to memory until it can be written down. Click HERE for more things to do (and not do) after a ski accident.

Yes and no.  While their primary job is to get you down the mountain safely and deliver you to the medical personnel at the onsite clinic, ski patrollers are also tasked with recording the names and contact information of everyone involved and gathering the facts about the ski accident itself. This will usually be accomplished by taking statements from the people involved, including the injured skier or snowboarder who may be experiencing excruciating pain and not thinking clearly, and completing an accident report.

You, as the injured skier or boarder, are not required to speak to the ski patrollers other than to give them your name, contact information, and information about your injuries. That’s it. Ski patrollers are employed by the ski area operator and will slant anything you say about the accident itself in favor of the ski resort or the person who collided with you because ski areas want to avoid litigation of any kind. Speak only with your lawyer about the facts of your case. So, don’t say anything to the ski patrollers. And don’t sign anything. It will only hurt your case. Click HERE for more things to do (and not do) after a ski accident. 

Absolutely. But only about your injuries, not about the facts of the ski accident itself. Again, the onsite clinic medical personnel are ski area employees. Any notes they take could be slanted in favor of the ski resort or the person who collided with you and hurt your case. Click HERE for more things to do (and not do) after a ski accident.

Absolutely. But only about your injuries, not about the facts of the accident itself.Your doctors will take notes during each visit that will be included in your medical records. If you file a lawsuit, your medical records will be subpoenaed by the defendant’s lawyers and anything in them could be used against you. There is no reason to discuss the facts of the ski accident itself with your doctors. Click HERE for more things to do (and not do) after a ski accident.

No. Never. Nor are you required to—especially if you are represented by a lawyer. I know this sounds like a broken record but speak only with your lawyer about the facts of your case. Click HERE for more things to do (and not do) after a ski accident.

Never speak with a representative of the insurance company for the ski area or the skier or snowboarder who collided with you. They are not your friends and do not have your best interests at heart. But it’s OK to speak with your own medical insurance company representative about your injuries, but not about the facts of the ski accident itself. Speak only with your lawyer about the facts of your case. Click HERE for more things to do (and not do) after a ski accident.      

No. Never. Resist the temptation. Keep your powder dry. You should only discuss the facts of your ski accident with your lawyer. Your personal business does not need to be a matter of public record. No one else really cares and it will only hurt your case. Click HERE for more things to do (and not do) after a ski accident.