How To Handle Personal Injury Claims For Injuries Sustained In High-Risk Recreational Activities
People in Illinois love to have fun. However, high-risk recreational activities, such as skydiving and rock climbing, can be exciting but challenging as well. You can meet with an accident and suffer from severe injuries. In such a case, you may ask who is liable for your injuries.
Many people may blame the recreational activity organizers and claim that they were not using the right safety measures for appropriate protection. While that may be true, there are various other legal interpretations. It is important to understand your rights to obtain fair compensation for your medical bills and other damages.
If you are from Rockford, Illinois, and you have suffered from an injury during a high-risk recreational activity, consider speaking to a Rockford personal injury lawyer today.
Understanding liability in high-risk activities
When you are involved in high-risk activities and accidents related to them, there are two things that you must understand. These include the assumption of risk doctrine and waivers and release forms.
Assumption of risk doctrine
The “assumption of risk” doctrine applies in high-risk personal injury cases. This doctrine dictates that individuals who choose to participate in high-risk activities are aware of the inherent dangers associated with those activities. Therefore, they waive their right to hold others responsible for any injuries that they might sustain during the process.
For example, if someone is playing basketball, they acknowledge the fact that they can get hurt during the play. Therefore, they must not file a case against another player.
Waivers and release forms
The organizations that conduct these high-risk activities often have individuals participating in these activities sign a waiver or release form. This waiver or form states that the individual cannot hold the organization liable for injuries that may occur during the activity.
However, Illinois courts scrutinize these documents closely, emphasizing the need for clear and unambiguous language. If the writing is vague or has ambiguity, it might not be valid.
Moreover, waivers cannot protect against gross negligence or willful misconduct. This means that if the organization has deliberately caused you to get injured, the waiver is no longer valid.
Steps to take if you get injured in a high-risk activity in Illinois
Here are some steps you can take if you get injured in a high-risk activity in Illinois. These will protect your rights as well as help you recover from your injuries faster.
Seek medical attention.
Promptly seeking medical attention after a high-risk activitiy injury is important to ensure that you recover properly. It will allow you to get back to your daily life faster and reduce medical costs. Moreover, going to the doctor allows you to document your injuries, which is important if you want to file a legal case.
2. Report the incident.
As soon as you realise that you have been in an accident, it is important to report it to the organization as well as law enforcement. When you officially file a report, it serves as evidence for your claims and potential legal actions. Filing a report on time also shows that you are serious about getting your justice.
3. Document the evidence.
Even though you might not be in your best state after being injured in a high-risk activity, you should still try to document the scene for evidence. Take photos and videos of the accident, including any visible injuries, hazardous conditions that may have contributed to the accident, etc.
4. Preserve the documented evidence properly.
Once you gather all the documents and evidence, it is important to know how to preserve it properly. This includes maintaining medical records, bills, and treatment plans. Further, talk to the event organizers to get insights into event’s handling of the incident.
Injured in a high-risk activity? Get help!
Being injured in a high-risk activity can be frightening. While they do make you sign a waiver, the event’s organizers might still be at fault. Hire a personal injury attorney today to protect your rights.
