How long does it take for a Zip-Lining Accident Case to Settle?

Zip-lining was originally a method of transport in mountainous regions, and it’s still used that way in some parts of the world. But its modern uses favor zip-lining as a hobby or form of recreation. Zip-lines are offered at many places, including amusement parks, summer camps, and adventure playgrounds. Unfortunately, zip-lining can be a risky activity, due to the potential for injuries and fatality.

In a study by George Fox University, an estimated 16,850 U.S. patients were treated for injuries from zip-line accidents between 1997 and 2012. Over 70% of the injuries were caused by falls, which can be deadly depending on the height and location of the accident. In 2015, for example, a 12-year-old girl died at a North Carolina YMCA camp after the tether on her zip-line snapped while she was over a 40-ft canyon.

Have you been injured from a zip-lining accident, or lost a loved one to a zip-line accident? Whether you’ve filed an injury claim already, or you’re just staring the lawsuit process, there are many questions you need answers to. Most likely, one of these questions is, “How long does it take for a zip-lining accident case to settle?”

As an injury victim, it’s essential to learn about your rights and legal options from an attorney experienced in zipline accident cases. Contact Normandie Law Firm and schedule a free consultation as soon as possible.

A Common Issue – Waivers and Zip-Lining Attractions

Before you zip-lined, you likely had to sign a liability waiver. These waivers are very common with ziplining and other adventure sports. This is how companies try to avoid liability in case of incidents, given that ziplining incidents can have catastrophic consequences. Unfortunately, in many cases, these companies effectively get around liability with these waivers. Typically, they can do so because injured victims do not have the information that they need to understand that these liability waivers are not bulletproof and that they can still have a valid case.

Can I still sue even if I signed a liability waiver? Yes, you could still have the right to file a lawsuit even if you signed a waiver. To do so, we must evaluate the facts. Were you not properly prepared (i.e., they didn’t go over safety)? Was the harness not tight enough? Was the harness worn out? Were the safety clasps broken? Was the actual zipline defective? If at least one of these apply, then you could be able to prove gross negligence.

Essentially, if you (and, of course, your legal team) can prove that the operator knew or should have known of the dangers present but failed to take any action to remedy the condition, then the operator will be found grossly negligent. This means that the liability waver would no longer apply and affected parties could sue for damages.

Of course, the company/operator will aggressively fight to enforce the waiver. Because of this, it is essential that you have appropriate representation. Your lawyer should be able to prove that there was gross negligence – that the company/operator was aware of the dangers but failed to take action or that there had been similar incidents in the past. Sometimes, it all comes down to a judge’s decision.

If you can beat the liability waiver, then you will be in a better bargaining position when it comes to settling your case. You will be able to push for a better settlement for the harm that you or a loved one suffered in the ziplining accident. Of course, if the opposite applies and you do not beat the liability waiver, then your case can be tossed out completely and you might not get any recovery whatsoever.

For more information about your right to file a ziplining accident claim even after signing a liability waiver, contact the experts here at our law firm today.

Average Time for a Zip-Lining Accident Case to Settle

How long it takes for a zip-lining accident to settle depends on many factors, including:

• the degree of your injuries
• the amount of compensation you’re asking for
• the other side’s willingness to accept liability (responsibility for the accident).

Based on our experience, it takes between six months and two years for a zip-lining accident case to settle. Again, this is an average length of time, which means your case may take more or less time to resolve. It takes a few months for a ziplining accident lawsuit to settle if the defendant’s insurance company accepts liability, though it largely depends on how soon both sides can agree on a settlement. If you are unable to negotiate a settlement with the insurer, settling a ziplining accident case can take a long time.

Generally, zipline accident claims with serious injuries take longer to settle as these are the cases with higher values. In these situations, most companies, property owners, etc., are reluctant to accept responsibility and pay what the victim is asking for. To give you an idea of why these cases are so valuable, let’s take a look at the injuries you can sustain from a zip-lining accident.
Our Recent Verdicts and Settlements

Zip-lining Accident Injuries

Falls and collisions are the two main sources of injuries when someone is hurt on a zipline. These accidents can cause serious, life-altering damage, even at relatively low heights. Below are some of the most common injuries that are associated with zipline accidents:

• Broken bones
• Fractures
• Ankle/ wrist / hand sprain
• Concussion
• Traumatic brain injury
• Neck injury
• Spinal cord damage
• Damage to the internal organs
• Dental injuries

Sadly, around 45% of all zipline injury victims are children under the age of 10, which is consistent with the rising popularity of zipline courses at summer camps, parks, and recreational centers. Additionally, private use zipline kits for backyards are becoming more popular, and these are especially prone to accidents, according to The Research Institute at Nationwide Children’s Hospital.

The worst consequence of a zip-lining accident is fatality, which has been increasing in recent years. One of the most tragic cases involved a California zip line worker at the La Jolla Indian Reservation. In October 2021, Joaquin Romero was trying to help a woman who had just finished her zipline course. While he was attempting to steady her on the platform, both he and the woman were pulled from the zipline tower.

Romero died from plummeting 50 feet to the ground, and it was determined by OSHA that the accident was completely preventable. According to inspectors, La Jolla Zip Zoom Zipline “failed to install a guardrail, safety net or personal fall arrest system.”

While the company has been fined by OSHA, fines do not help family members and loved ones recover the losses that are associated with an untimely death. Even if Joaquin Romero had survived, he would surely have suffered serious injuries that merit compensation from his employer, and any other responsible parties.

In the next section, we’ll provide a brief overview of the compensation you can receive from a zipline accident lawsuit. For more information on filing for damages as an injury victim or the loved one of a deceased victim, contact our law firm and speak with an experienced zipline accident attorney.

Monetary Compensation in a Zip-Line Accident Lawsuit

If you were harmed in a zipline accident, you may be entitled to a variety of financial and emotional damages, such as:

• Medical expenses
• Lost wages
• Lost earning capacity
• Pain and suffering
• Property damage
• Legal fees
• Punitive damages

Loved ones of a deceased zip-line injury victim can also recover damages through a wrongful death compensation claim. The damages you qualify to receive depend on various factors, like your relationship to the decadent and what you have lost as a result of their death.

• Funeral costs
• Medical bills
• Loss of expected income
• Pain and suffering
• Loss of benefits
• Loss of consortium
• Legal fees

Our zipline accident injury lawyers can explain each of these damages to you in detail and ensure that you receive the full value of your losses.

Average Time it takes to Settle a Zip-Lining Accident Lawsuit

As previously stated, settling a zipline accident lawsuit can take up to two years. Sometimes it even takes longer if your case goes to trial. The main issue here is whether your case can be settled privately with the defendant, or if you will need to file a lawsuit.

Essentially, the first 6 months of a ziplining accident timeline is spent on negotiations with the insurance company. If we’re unable to agree on the numbers or the insurance company is acting in bad faith, we may need to proceed with the filing of a lawsuit. But if we’re making progress and getting closer to a fair settlement, negotiations with the insurance company may take up to a year.

The severity of your injuries is another issue that can increase the negotiation period for a zipline accident case. In order to calculate a fair amount of money to ask for, your lawyer will have to understand the full extent of your injuries. Some injuries, for example, can take many months to heal. Or, they may not heal completely and leave you with lifelong complications that require on-going treatment and medications. You may also lose the ability to work or engage in other activities you were able to do before your zipline accident.

All these factors are essential in determining the value of your case, but you will first need to achieve what’s known as maximum medical improvement (MMI). This means you have reached the point in your recovery where further improvement is not expected, even with continuing treatment. How long it takes for you to achieve MMI will certainly affect the timeline for a zipline accident injury claim.

The timing of how long you should negotiate with the insurer is very important, as you only have two years from the date of your accident, or the date of your loved one’s death to file a zip-line accident lawsuit. Typically, it takes anywhere from 6 months to a year to prepare the evidence that’s needed for a lawsuit, which is why two years isn’t much time at all when it comes to the lawsuit process.

To ensure that you have enough time file a lawsuit, make sure to speak with an attorney as soon as possible. But what if you’ve filed an insurance claim or lawsuit, and you’re happy with the way your case is being handled? What if there’s been little to no action in your case, even after repeated conversations with your attorney? If this is the problem you are facing, changing lawyers may be in your best interest, which you are allowed to do at any point in your case. However, it’s important to make an informed choice after careful thought and consideration, which is something we can assist you with.

Free Second Opinion

Are you in the middle of an insurance claim or lawsuit for a zip-line accident, but you’re unhappy with the lack of progress in your case?

If your zipline accident lawyer is taking a long time to settle your zipline accident case, give us a call for a second opinion. Our lawyer may be able to go ahead and negotiate a settlement on your behalf or take the necessary actions in a lawsuit to resolve your claim as soon as possible. We can discuss the strategies we will use in your case, and if you’re interested in switching over to us, we’ll take care of the entire transfer process. No matter what you decide, the consultation is completely free, so don’t hesitate to schedule a second opinion with one of our attorneys.

Lawyers Specializing in Zipline Accident Cases

Zip-lining is advertised as a fun, wholesome activity for people of all ages. In reality, there are many dangers associated with ziplines, such as defective parts, improper installation, and design flaws with the zipline course. One of more parties may be responsible for these hazards, which can result in serious injuries and fatality for the unsuspecting victim.

The lawyers of Normandie can help you go after the responsible entities and recover the funds you deserve for your harm and suffering. We will take aggressive action on your case from day one, and we will not rest until your case is resolved to your satisfaction. No matter how much work is involved, there is nothing you need to pay us as a promise under our Zero fee guarantee. The only way we recover our fees is by winning your case, and if we don’t win, you won’t be responsible for any of our expenses.

If you’re ready to learn more about your right to compensation, please give us a call at our office. Our zipline accident lawsuit attorneys look forward to speaking with you during a free consultation.

Other Pages on Our Website Related to This Topic
Ziplining Accident Attorney
Statute of Limitations for a Ziplining Accident Lawsuit