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Overcoming Liability Waivers in Personal Injury Cases

overcoming liability waivers

If you are currently involved in a personal injury case, and you have signed a liability waiver, then you’re well-aware of just how difficult and time-consuming it can be to push your case through. With a liability waiver, there are many roadblocks you need to go through, and that makes a personal injury case far more difficult than it needs to be.

A personal injury case is already very challenging. When you have signed a liability waiver, though, then it becomes much more difficult to take your personal injury case to court.

Many people think that when you sign a liability waiver, you are waiving the right to file a personal injury lawsuit against a particular organization.

To overcome your liability waiver, it is imperative that you understand what a liability waiver is, what a liability waiver is not, as well as the specific problems that liability waivers can lead to. When you have an understanding of those main concepts, you are able to take the next steps in overcoming liability waivers in personal injury cases.

Overcoming Liability Waivers in Personal Injury Cases

What Is A Liability Waiver?

A liability waiver is a legal document that states that you acknowledge the risks of performing a certain activity. When you sign a liability waiver, you are telling that organization that you understand those risks and that they aren’t liable for any damages that take place due to that particular activity and its inherent risks.

When you sign a liability waiver, you are signing a document that shows you acknowledge the risks of whatever it is that you are doing and that the organization who’s responsible for those activities won’t be liable for any damages. Or, at least, that’s what many organizations believe.

In reality, a liability waiver can only prevent one kind of personal injury claim. If you are doing something that is inherently risky, such as paragliding, and you suffer an injury due to the inherent risks of that injury, you are unable to file a personal injury claim. You signed a liability waiver, and understood the risks of paragliding so that only qualifies as “ordinary negligence”.

If the injury occurred due to negligence on the part of the organizers, however, then you are able to file a personal injury claim. For example, if the organizers failed to give you the right equipment, or didn’t attach the harness correctly, then you can file a personal injury claim because no organization can eliminate liability for personal injuries that are caused by their own negligence. Contact an attorney to help in overcoming liability waivers in personal injury cases.

  • A liability waiver is a legal document that shows you acknowledge the risks of the activity you’re partaking in
  • When you sign a liability waiver you waive your right to file a personal injury claim
  • If the injury is caused by negligence on the part of the organization, then you can file a personal injury claim

liability waiver and personal injury

How Can Liability Waivers Be Problematic?

As mentioned earlier, liability waivers can be overcome, if the organization you are filing a personal injury claim towards was negligent. Proving this negligence can be challenging, though.

If you’ve been injured, and have signed a liability waiver, then you need to prove that gross negligence took place.  If you don’t, then you don’t have a personal injury case, and you won’t be able to receive compensation.

When it comes to health insurance, insurance companies are very fond of liability waivers. If there is a liability waiver, then they don’t have to settle a personal injury claim from you, unless you can prove that gross negligence took place.

In order to determine if gross negligence did take place, it’s important to understand that gross negligence involves an organization making a deliberate choice that puts you in danger. If a paragliding company uses old equipment that is broken or falling apart, then that would be gross negligence.

If you believe that gross negligence took place, then it’s important to have records of your injury. Medical records notes about the situation, pictures, and documents from work showing the days you missed. Make sure that you report it to the organization, and if anyone else saw the injury, notify them about your case.

  • Liability waivers make it very difficult for you to receive insurance money
  • To file a personal injury claim, you need to prove gross negligence took place
  • Before hiring a lawyer, make sure to have records of your injury – medical records, notes, pictures, documents from work
  • If anyone else saw the injury take place, notify them about your case

what to know about liability waivers

How Can A Lawyer Help?

A good Oregon Injury lawyer will be able to help you overcome your liability waiver so that you can receive the compensation you deserve. With a good lawyer, you’re able to file a personal injury claim in the proper manner, take the claim to court, and prove gross negligence. 

When you hire a lawyer, you get access to someone with an in-depth understanding of both federal law, and state law. This understanding is truly indispensable and will allow you to understand the best course of action for you to take, with regard to your personal injury case.

A lawyer will look through your case and all of your records. Along with that, they will also look at the liability waiver you signed and analyze the language that the waiver uses, and how it applies to your case. Something as simple as poor wording or vague phrasing can make or break a personal injury case.

When it comes to filing the case, your lawyer will walk you through that process step-by-step, so that you are able to proceed in the best manner possible.

Ultimately, hiring a lawyer will make the entire process of overcoming liability waivers in personal injury cases and pushing through with your personal injury case significantly easier.

  • Hiring a lawyer gives you access to someone with an in-depth understanding of the law
  • This understanding makes it easier for you to know which course of action is ideal for your case
  • Your lawyer will look through your case, records, and liability waiver before signing, making it easier for the case to go smoothly