Suffering a brain injury from football, unfortunately, is an all too frequent occurrence. According to the University of Pittsburgh Medical Center (UPMC), there are between 1.7 and 3 million sports-related concussions yearly. Out of those, football is the cause of about 300,000 of them. Our lawyers at GJEL Accident Attorneys know how overwhelming a brain injury can be, but we are here to help.
Who Are Some Potentially Liable Parties?
You might be able to file suit if you sustained a brain injury from football. Multiple parties could be held responsible. Some of those potentially liable parties are below.
Football players owe a duty of care to one another. Thus, even though football is a risky game, other players can be liable if they experience a brain injury. For another football player to be responsible for negligence, you would have to show that the act resulting in the injury was beyond the scope of what is normally part of the game (for example, if the injury resulted from an act of violence after a play).
You may also be able to file a lawsuit against a healthcare provider for medical malpractice. For example, if your physician fails to diagnose you correctly, this may lead to a medical malpractice claim.
If your coach was negligent and was the cause of your brain injury, they may be liable. Coaches have a duty of care toward football players. In other words, they need to act as a reasonable coach would. For example, they should provide players with water, breaks to rest, and proper supervision.
The Product Manufacturer
If you sustained injuries due to faulty equipment, it is possible that the manufacturer of the equipment could be liable. The designer or retailer may also share in some responsibility as well. In this case, you would need to file a product liability lawsuit. Our lawyers at GJEL Accident Attorneys are here to help you file your claim if you experienced a brain injury from football.
Sports Organizations and Schools
A school or sports organization can also be responsible if you sustain a brain injury. For instance, schools have to have a proper medical emergency plan in place. They also need to adequately warn players of any potential dangers.
Can I Still File Suit If I Signed a Waiver?
If you signed a liability waiver before playing, you might still be able to file a lawsuit. Waivers of liability are sometimes unenforceable documents. For example, in California, parties can still be responsible for gross negligence. Consult our skillful attorneys about your waiver, and we can help you determine whether you can still file a claim.
Assumption of the Risk
Assumption of risk means that football players know there is a risk of suffering injuries, but they still choose to play the game. This is a defense that attempts to protect the defendant from liability. It states there is no duty of care owed for apparent risks related to playing football. Nonetheless, if the defendant intentionally hurt you or acted negligently (for example, a coach who does not take a player out of the game after the player takes a hit to the head), they may be responsible.
What Steps Should I Take After Sustaining an Injury?
After suffering from a brain injury on the field, following the steps noted below is vital. Doing so will allow you to have the best chance of recovering compensation when you file your claim.
Report the Injury
You may want to brush it off, but reporting your injury is essential. Let your coach or the other official know that you have suffered an injury. Documenting the incident is critical to file a claim later.
Speak to Witnesses
You should also identify and talk to any witnesses of the accident. See if another player can give you a written statement of their version of events. Speak to anyone who may have been nearby and observed the incident.
After experiencing an injury, take photos and videos. This can serve as essential evidence of your injuries. One way to gather pictures is to see if any spectators at the game took photos. If sports equipment is related to the accident, take pictures of the equipment as well.
Get Medical Attention
Even if you do not see any injuries right away, getting an evaluation from a medical professional is prudent. Adrenaline after an accident can sometimes mask your injuries. At GJEL Accident Attorneys, we can help you recover compensation for medical bills and other damages.
What Is the Average Settlement for a Traumatic Brain Injury (TBI) Claim?
Overall, there is no such thing as an average settlement for a TBI claim. This is because the circumstances of every case differ. Our attorneys at GJEL Accident Attorneys can assist you further in determining what compensation you may be able to recover.
At the same time, there are some factors that can help you to get a sense of how much compensation you might receive. For example, if you suffered a severe TBI, you are likely to recover more than if it is mild. This is due to the ongoing medical treatment often required for someone with a severe TBI.
How We Can Help
If you have experienced a sports injury, our lawyers at GJEL Accident Attorneys can help you file your claim. We know how stressful it can be if you or a loved one suffered a brain injury, but we can aid you in recovering the compensation you deserve. Our team can assist you with gathering investigative reports and medical records, communicating with your health insurance company, and working toward a settlement.
For over 40 years, we have helped our clients recover over $950 million. With a 99% success rate, our compassionate attorneys are more than prepared to assist you. For further details on how we can help with sports negligence cases, call us today at 1-866-292-9907. You can also complete our online form for a free consultation.
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