You or someone you love has just suffered from a skateboarding accident caused by another person's neglect. Whether you were struck by a vehicle or your board fell apart during a trick, you are likely entitled to some form of legal gratification. Here's what you need to know about these types of personal injury cases.

Lawsuit Liability Varies

Liability in these suits vary depending on the circumstance of the injury. For example, one case in West Virginia found a family suing their school after their child was injured while playing unsupervised on a skateboard. In this instance, it was argued that the school was liable because they owned the skateboards and were not watching the children when they were injured.

In cases where a skater is injured in a public area, many people choose to sue the government body that provided the skate park. The argument is that the park was unsafe, which led to the injury. However, if the injury is caused by board malfunction, such as design or manufacturing defects or poor risk warning, the manufacturer is liable.

Lawsuits Are Typically Civil Action

When pursuing a skateboarding accident lawsuit, it is important to understand that it is a civil, rather than criminal, case. This means that you, and not the government, is bringing action against the entity that caused the skateboarding action. In this instance, you cannot cause a person to suffer from jail time; you can only receive monetary compensation.

However, civil skateboarding accident cases have one major advantage over criminal cases: they are easier to win. You only have to offer more evidence that the person you are suing (i.e. the person who caused the skateboarding injury) is at fault. This is different than the basis of a criminal suit, which requires the prosecution have 99% of the evidence on their side.

Lawsuit Compensation Is Based On Many Factors

You've gathered eye-witness testimony from people who witnessed the skateboarding accident (including friends of the victim and people who just happened to be nearby) and taken pictures of the accident site. You are pretty sure you're going to win the case, but you are wondering what kind of compensation you are entitled to claim.

In skateboarding accident lawsuits, compensation will vary based on a variety of factors. For example, if the victim is injured, you can sue for medical expenses and pain caused by the injury. You may also be able to sue for "emotional duress," but this is harder to prove in a civil case.

You may also be able to sue for economic loss, especially if the victim was unable to go to work after their injury or even lost their job. In fact, it's possible to sue for the cost of replacing the skateboard or the helmet if they were broken due to the impact of the accident.

Skateboarding accident lawsuits can be tricky, as it may feel impossible to prove another person's negligence. After all, the person you are suing is going to try to claim you were negligent, rather than them. That's why a personal injury lawyer is so important. They can help find evidence, set up the case, and create a convincing preponderance of evidence.