In claims for personal injuries, plaintiffs claim that they have sustained injuries, whether they are mental, physical, or both, because of an act or a failure to act on the part of a defendant. Courts may award plaintiffs money damages for personal injuries.
Roller Skating Accidents Lawyers
- What Kind of Injury Does a Personal Injury Claim Involve?
- What are Compensatory Damages in a Personal Injury Claim?
- What are Roller Skating Accidents?
- Who Can be Held Liable for a Roller Skating Accident?
- Are There any Legal Remedies for Roller Skating Accident Claims?
- What Types of Damages Can a Court Award an Injured Plaintiff?
- What Do I Need to Prove to Get Compensatory Damages?
- Do I Need a Lawyer for Help with a Roller Skating Accident Lawsuit?
What Kind of Injury Does a Personal Injury Claim Involve?
A personal injury causes damages to the plaintiff’s physical health, emotional health, or both. Physical injuries may include an injury to:
- Limbs; or
- Other parts of the anatomy.
Mental health injuries may include emotional pain and anguish which results from the accident. It is important for a plaintiff to be aware that injuries sustained in a personal injury claim may not manifest instantly, they may develop over time.
What are Compensatory Damages in a Personal Injury Claim?
A personal injury claim is a legal action where an individual has suffered physical, mental, or emotional injuries or property damage. The losses usually result from some type of accident.
If the injured party files a claim or a lawsuit, the plaintiff will typically be requesting a form of financial compensation from the party who is responsible for causing the accident. These damages are referred to as compensatory damages because they are compensating the plaintiff for the injuries which they suffered.
What are Roller Skating Accidents?
Roller skates are a type of shoe that is commonly used in recreation and sports. Roller skates can present risks of accidents and injuries to the individuals who use them.
Accidents involving roller skates may vary in nature and may involve:
- Accidents involving motor vehicles;
- Collisions with:
- bicyclists; or
- other roller skaters;
- Collisions with stationary objects;
- Accidents involving dangerous conditions, such as a pothole in the road or a crack in the sidewalk;
- Accidents resulting from defects with a roller skate product; and
- Various other situations and incidents.
In addition, roller skating accidents may vary, especially according to the location where the incident occurs. Accidents may result in numerous injuries, including:
- Broken bones;
- Joint injuries;
- Head or neck injuries; and
- Other types of injuries.
Who Can be Held Liable for a Roller Skating Accident?
Liability for an accident involving roller skates depends on the situation and the type of injuries which are involved. For example, in an accident where a motor vehicle strikes an individual on roller skates, the driver may be liable if they were negligent or reckless when driving.
The driver’s liability may increase if they were driving while intoxicated. In other types of cases, the manufacturer or a roller skating product may be held liable if a product defect caused injury to an individual.
For example, if a roller skate product comes with a defective wheel design which makes the skates less stable, the skate manufacturer may be held liable for injuries which were caused by the defect. Certain roller skate injuries may occur in locations where liability is limited or is waived by the skaters.
For example, this may apply when roller skaters participate in a roller derby. In these cases, a roller skater may waive their ability to file a claim against other derby participants if an injury occurs as a natural result of the derby competition.
Participants, however, may still be held liable for injuries if they are negligent or if their conduct is not in compliance with the derby rules, such as if a participant intentionally causes serious harm to another participant. In addition, there are similar liability factors which apply to injuries that occur at skate parks.
Are There any Legal Remedies for Roller Skating Accident Claims?
There are some roller skating accidents which may be serious and may involve complex injury laws as well as legal issues. These cases may have to be resolved in court through a lawsuit.
In these types of lawsuits, the injured party is often awarded monetary damages. The monetary damages award may be sufficient to cover major expense and losses which resulted from the injury including:
- Hospital bills;
- Medical costs; and
- Other losses, including lost wages during the recovery period.
In cases where the claim is based on a product defect, that product may be recalled. In some cases, a class action lawsuit may also be filed.
In cases which involve injuries that were caused intentionally, there may be other damages awarded, such as punitive damages.
What Types of Damages Can a Court Award an Injured Plaintiff?
Injured plaintiffs who prove that a defendant is liable, or inflicted an intentional or negligent injury, may be entitled to compensatory damages. There are two main categories of compensatory damages, general damages and special damages.
General damages are damages which are awarded to the plaintiff to compensate for the injury itself and include:
- Pain and suffering;
- Mental anguish; and
These damages cannot be readily assigned a monetary value. Because of this, a plaintiff will likely have to present the testimony of an expert, such as a doctor, for help assigning a monetary value.
Special damages compensate a plaintiff for the specific consequences of their injury and put them back in the position they were prior to the injury. This may include medical expenses and loss of wages.
Items included in special damages can be assigned a precise monetary value. Documents which may be used to determine the amount of special damages include:
- Medical bills;
- Pay stubs; and
- Other costs associated with the injury.
What Do I Need to Prove to Get Compensatory Damages?
A plaintiff must prove several elements of their claim to be awarded compensatory damages. In the majority of cases, the plaintiff will be required to prove that a loss did, in fact, occur and that the loss was caused by the other party, the defendant.
In other words, the plaintiff must show that the conduct of the defendant was the cause of their injury. In the majority of cases, a plaintiff’s loss is caused by some type of negligence on the part of the defendant.
For example, if a defendant was speeding and that caused an accident which injured the plaintiff. In order to prove their claim, a plaintiff will need to preserve and gather various forms of evidence which may be used to support their case, including:
- Statements from witnesses;
- Photos or videos of the the accident or incident;
- Various documents, including police records or medical bills;
- Physical evidence, including:
- broken glass;
- dents; or
- other damage; and
- Any item or evidence that may assist the court with calculating damages.
A court will consider a wide range of factors when calculating compensatory damages, which may include:
- The background of the victim, including their age;
- The type of injury the plaintiff suffered as well as the extent of their injuries;
- Costs which are associated with treatment or rehabilitation for the plaintiff;
- Changes in the plaintiff’s ability to earn a wage before and after the incident;
- Actual losses of income;
- Whether any property damage resulted from the accident; and
- Other impacts on the plaintiff’s quality of life.
It is important to note that, in some cases, the plaintiff’s damages award may be reduced or limited if the plaintiff contributed to their own injury if the state has contributory negligence laws.
Do I Need a Lawyer for Help with a Roller Skating Accident Lawsuit?
It is essential to have the assistance of a personal injury lawyer for any issues, questions, or concerns you may have related to a roller skating accident. These types of claims can be very complex.
Your lawyer can review your claim, assist you with filing a lawsuit, and represent you during any court appearances, negotiations, and important meetings.
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