snowboard brain injury

WA. State

Our 15 year old son was snowboarding and was hit by a skier. He sustained a skull fracture, brain hemmorhage and severe concussion. (TBI --Traumatic Brain Injury, for short) He was unconsious for at least 15 minutes and was having seizures.

After talking to the ski patrol, they said it was the skiers fault that our son was doing nothing wrong. We do have wittnesses that agree with the ski patrol.

The man who is at fault is 45 years old. He never even stopped to offer assistance.

Our medical bills are mounting. Our son's recovery process can take a year or longer.

Do we wait to sue this man until we know for sure our son is ok?

What would you do?

Thanks!

PS>>>> The ski resort contacted the man by letter letting him know he should have remained at the accident. This man has never contacted us.

[I AM ALWAYS LIABLE]

Originally posted by plswendy
WA. State

Our 15 year old son was snowboarding and was hit by a skier. He sustained a skull fracture, brain hemmorhage and severe concussion. (TBI --Traumatic Brain Injury, for short) He was unconsious for at least 15 minutes and was having seizures.

After talking to the ski patrol, they said it was the skiers fault that our son was doing nothing wrong. We do have wittnesses that agree with the ski patrol.

The man who is at fault is 45 years old. He never even stopped to offer assistance.

Our medical bills are mounting. Our son's recovery process can take a year or longer.

Do we wait to sue this man until we know for sure our son is ok?

What would you do?

Thanks!

PS>>>> The ski resort contacted the man by letter letting him know he should have remained at the accident. This man has never contacted us.

My response:

This is a touchy situation. This is especially so when someone on the Internet may have to give you answers that you don't like. So please, in the spirit of "getting down" to the realities of liability, from a legal standpoint, please bear with me when I ask you questions.

Questions:

1. What was the man doing at the moment he skied into your son; i.e., what was the man doing that "increased the risk" already inherent in the sport of skiing?

2. You do realize, whether or not the man stopped, that that had nothing to do with duty, breach of duty, causation and damages, don't you?

3. What was your son doing at the moment of impact?

4. Would you agree or disagree that skiing is inherently dangerous?

We'll start off with those questions, and undoubtedly, get into more questions and answers.

IAAL

Originally posted by I AM ALWAYS LIABLE
My response:

This is a touchy situation. This is especially so when someone on the Internet may have to give you answers that you don't like. So please, in the spirit of "getting down" to the realities of liability, from a legal standpoint, please bear with me when I ask you questions.

Questions:

1. What was the man doing at the moment he skied into your son; i.e., what was the man doing that "increased the risk" already inherent in the sport of skiing?

2. You do realize, whether or not the man stopped, that that had nothing to do with duty, breach of duty, causation and damages, don't you?

3. What was your son doing at the moment of impact?

4. Would you agree or disagree that skiing is inherently dangerous?

We'll start off with those questions, and undoubtedly, get into more questions and answers.

IAAL

1. According to wittnesses, the man was skiing at a high rate of speed and was not in control. He was looking up at the ski lift and not in front of him.

2. I understand what you are saying, however there is a policy in place at the ski resort in black and white. This outlines the responsibilities of skiing at that resort. He failed to follow the rules, one of which states that if you are involved in an accident, remain at the seen if others can obtain help.

3. Our son was at a dead stop for several minutes in the standing position. He was hit from behind.

4. Just crossing the street can be dangerous!

[I AM ALWAYS LIABLE]

Originally posted by plswendy
1. According to wittnesses, the man was skiing at a high rate of speed and was not in control. He was looking up at the ski lift and not in front of him.

2. I understand what you are saying, however there is a policy in place at the ski resort in black and white. This outlines the responsibilities of skiing at that resort. He failed to follow the rules, one of which states that if you are involved in an accident, remain at the seen if others can obtain help.

3. Our son was at a dead stop for several minutes in the standing position. He was hit from behind.

4. Just crossing the street can be dangerous!

My response:

It may be more beneficial to you and your son's claim if you spoke directly, face-to-face, with a local attorney who can explain "primary assumption of the risk" and "secondary assumption of the risk" and how these affect your son's potential claim.

Good luck to all of you.

IAAL

[stephenk]

Another problem regarding liability is your son facing downslope instead of upslope toward any possible dangers.

[gowest]

plswendy...

Please go to this site: [url]http://tbilaw.com/home.html[/url]

This law site helped me considerably when dealing with my husband's Traumatic Brain Injury following a car accident. It is not just a law site but also a great source for educating yourself on TBI.

I would seek out an initial consultation with a lawyer who is experienced in handling TBI cases. However, be aware that the issues attorneys IAAL and stephenk raised are the very ones any attorney will be asking when considering whether to take your case on a contingency basis. Should you and your lawyer decide to go forward - be prepared for a long legal battle. Let him/her handle those issues... you need to turn your attention to your son and to helping him with a condition that could affect him the rest of his life.

My best to you and your son... Stay strong.

Gowest is exactly right in that if you retain legal counsel you must find an attorney who is familiar with and has handled TBI cases before. A TBI injury/disability is poorly understood not just by the general public, but by many attorneys and medical professionals as well. If this case ever goes to trial, you want an attorney who can cleary convey to a jury how a TBI injury affects the individual not just physically, but cognitively and emotionally.

Furthermore, I would suggest if you try to find an attorney, you retain one that is a member of the local brain injury association of your state, and perhaps a member of the Association of Trial Lawyers of America too. It would also probably be wise to make sure the attorney or law firm you go with has not only the experience but just as important, the financial resources to adequately represent the short-term AND long-term interests of your son.

I would have to wonder if the ski resort has any responsibility in this matter? In any case I would bet their liability carrier is feverously scurrying about to try and make sure their butt is covered.

Another web-site that may be of help with TBI is: [url]www.tbiguide.com.[/url]