A favorite way for New York residents to exercise is by participating in sports. Unfortunately, with increased sports participation also comes an increase in sports injuries. It's not uncommon for injuries to occur, so much so that they're often seen as part of any game.
Yet, when sports injuries are not in fact accidents and instead are the result of negligence, then victims and their loved ones have the right to seek justice via New York's civil justice system.
Before pursuing a sports injury claim, there are many factors to consider. Find out more about your rights and compensation options by getting in touch with our experienced team of personal injury attorneys. The consultation is 100% free and without obligation.
You may or may not have grounds for a sports injury lawsuit depending on the circumstances surrounding your sports injury or the sports injury of a loved one.
The evidence needed to support such a claim must show negligence occurred in order for the claim to be successful. In order to establish causality, the negligent act(s) must be connected with the victim's injury. In many cases, it is necessary to demonstrate how the victim wouldn't have suffered damages had the careless act not occurred. Last but not least, damage amounts must be calculated for the sake of proposing an award sum that will be modified or approved in court.
For any negligence or personal injury claim to succeed, they must first pass through the previous steps. An athlete injured in a sports accident could sue for damages against a team coach, personal or group trainer, a sports team, an athletic department, a sports organization, a university or college, the manufacturer of athletic equipment, or other players.
There are many other defendants in sports injury cases, but these are the most common. Get in touch with our team today if you wish to find out more about your rights and who might be liable for your sports injury.
If the topic of sports injuries is ever brought up, the first thing that comes to mind is probably football. This likely stems from the fact that the NCAA has already been sued for head injuries experienced by college football players during official sports events.
The NCAA and other institutions allegedly failed to warn athletes about the potentially permanent health risks associated with participating. There is no doubt that many individuals who went to college and played professionally in football leagues suffer from brain disorders today.
The cases may be class actions or individual lawsuits depending on the nature of the claim. Although the justice system seems to be aware of the harm done to so many innocent victims for so many years, it remains to be seen if the system will be able to stop it in its tracks. An excellent example of this is seen in a recent court decision in which former NCAA athletes were awarded free medical monitoring until 2069 (50 years). This ruling has also enabled many others to make their case and achieve justice.
Football is probably the first sport that comes to mind as a notorious sport for injuries. But, the truth remains that severe sports injuries may occur in any activity due to negligence. We have seen injury claims involving the following during the past: baseball, wrestling, basketball, cheerleading, water polo, soccer, and others.
A head injury is usually the number one concern in any type of sport, but this should not come as a surprise. A head injury can have life-changing effects even on those who suffer them, even if they are mild.
Brains are vital organs. In contrast to bones, ligaments, and other body parts, the brain cannot regenerate as quickly. In other words, a brain injury sustained during development can stunt growth for the rest of one's life.
Concussions (of any degree), traumatic brain injuries (TBIs), and fractures of the skull constitute examples of head injuries in sports. The head also contains other important organs like the eyes, ears, nose, and mouth, which may be affected by sports-related injuries.
Even though sports injuries happen on a regular basis, sports injury lawsuits don't seem to be as common as you might think. Sports injuries are not always the result of negligence, so this is true. After a certain point, all that can be done is to apply and follow safety standards to prevent injuries. Even then, there will always be a risk inherent to the game.
Unfortunately, many victims of sports injuries will not know they can take legal action unless they are told about the option. Because of this, we offer free consultations to anyone who believes they might have a case. In our daily efforts to protect the rights of the injured, we strive for wide access to justice.
So while you should always seek legal advice, there are certain factors that may indicate that you require the services of an attorney. The most potential for a legitimate sports injury claim arises when the cost of treating the injury becomes beyond your means or your insurance company refuses to cover it. You may also miss out on past and future earning potential due to your injury. You will be able to determine who can be held responsible for your injuries by contacting an experienced sports injury lawyer.