After more than a year without sports, many athletic organizations are bringing back sporting events under new safety procedures. These safety procedures keep spectators and athletes safe from COVID-19, but there is something else more deadly that athletes might suffer from: traumatic brain injuries (TBI). Nearly 10% of all TBIs result from sports and recreation activities, but can you sue an athletic organization for a TBI or other injuries?
Unfortunately, it depends on several factors. A Sacramento brain injury attorney can help you better understand your rights during this challenging time. Additionally, they can launch a thorough investigation into the accident that caused your injuries and the circumstances leading up to it.
When Are Schools or Organizations Liable for a TBI?
Before participating in athletics, the organization or school district asks parents, guardians, or those over 18 to sign a mandatory consent waiver. These forms prevent you from filing a lawsuit against a school district or athletic league for injuries arising from inherent risks of the sport. Examples of inherent risk for various sports may include the following.
- Football: Injuries sustained due to a false start or a tackle after the play began.
- Basketball: Collapse after exercises because of exhaustion or a broken bone or fracture after falling on the court.
- Baseball: A foul ball hitting a player in the dugout or a line driver injuring the pitcher.
- Soccer: A twisted ankle while running for the ball or a TBI after the ball hits your head.
- Cheerleading: A broken leg or head injury from falling during a stunt.
However, there might be instances when a school or athletic organization is liable for injuries when the risk was not inherent to the sport, regardless of a signed consent form. Additionally, you may also be able to file a lawsuit if the district or athletic league was negligent.
Examples of Successful Sports Injury Cases
For example, a Colorado jury awarded $11.5 million in 2013 in a lawsuit after a player sustained head injuries. The player’s family filed a lawsuit against football helmet maker Riddell and several high school administrators and coaches over brain injuries. The jury found that Riddell was negligent in warning people about concussion dangers when wearing their helmets. Additionally, the family sued their son’s football coaches after he suffered a blow to the head and no one took him to the hospital.
In Tampa, a jury awarded more than $800,000 to the family of a school district baseball player who died during a preseason workout in 2011. The child had a dangerous heart condition, yet coaches cleared him to participate in conditioning workouts.
These are two examples of schools or athletic organizations being held liable for failing to address or remedy a known and dangerous condition. Other examples may include failing to remove a dangerous stone on a soccer field, using damaged equipment, or ignoring a ceiling leak that causes a slick floor. Ignoring state-mandated safety measures after an injury or conducting excessive training beyond what is reasonable may lead to liability.
You must remember that these examples are fact-specific. If you believe that negligence played a role in causing a sports injury, you should contact an injury attorney.
What Compensation May I Receive for My Sports Injury?
The compensation you may receive for a sports-related injury will depend on various factors, such as the extent of your injuries and how they are impacting your life. After reviewing your case, a California TBI attorney may be able to recover compensation for the following losses:
- Medical bills
- Physical therapy bills
- Permanent disabilities
- Pain and suffering
If you can file a claim against the negligent party, you must remember that they will likely have an insurance company and attorneys protecting their best interests. Insurers will employ tactics to reduce or deny your claim, while attorneys will look for evidence that may put you at fault for the accident. That is why you must contact a California TBI attorney following a sports-related brain injury.
Experienced Sacramento Brain Injury Attorney Will Fight for You
Brain injuries can inflict a lifetime of difficulty and hardship on accident victims. Having a skilled Sacramento TBI attorney may allow you to secure maximum compensation for your injuries and losses. Remember, accident victims only have two years to file a personal injury claim in California. The sooner you contact an attorney, the more assistance they can provide.
At The Law Offices of J.G. Winter, we commit ourselves to help clients in the Sacramento area and throughout California. When you partner with Attorney Jeremy Winter, you will receive personalized services throughout your case. He is a fierce advocate who will aggressively pursue your claim until he reaches a favorable outcome. To schedule a free consultation, call (844) 734-2626 or complete our contact form.