Almost every person in the United States has been involved in sports activity at some point in their lifetime. These sports activities can include a local league, an after school team, a recreational activity program, or simply a team with your family. Those who were involved in these physical activities should be aware of the risk of experiencing an injury. A sports-related injury occurs every day and they can require invasive medical treatment depending on the severity.
Most of the time, sports injuries are accidental and occur due the natural course of the game. However, there are times where these injuries happen because another party was negligent and acted recklessly. When these circumstances happen, the injured victim has the right to take legal action. It’s always best to speak with an experienced sports injury lawyer who can evaluate your case and see what you are able to recover from.
Most sports injury claims involve a traumatic injury compared to an injury that has been overused over an extended period of time. This is because it is not possible to hold another person liable for injuries that happen over an extensive time. However, if a player or participant causes injury to another player or participant, it may lead to a lawsuit. Sports law can surround legal issues in both amateur and professional sports. Below are some of the most common sports injuries:
According to John Hopkins Medicine, at least 3.5 million children ages 14 and younger are injured annually playing sports or participating in recreational activities. Even though fatalities from a sports injury are uncommon, it is possible. The leading cause of deaths from a sports injury are brain injuries. Additionally, sports and recreational activities contribute to approximately 21 percent of all traumatic brain injuries among American children.
Below are the top sports with the riskiest injuries based on Insurance Information Institute report:
Blows to the head or bodily injury may even be a routine aspect of the game. Unfortunately, even with the proper protective gear, these participants are still at risk in experiencing a catastrophic injury from playing these sports.
When an accident sports injury happens, unfortunately, no one can be held responsible. Additionally, your regular health insurance company will have to cover the medical costs of your treatment. In some cases, when a sports injury is completely through a negligent act, it is a possibility to hold the at-fault party financially responsible for your losses. The following are potential parties that can be held liable for a sports-related injury:
It’s always recommended to have these circumstances of the injury reviewed thoroughly by an experienced attorney. In many cases, negligence contributed to an accident is unclear to those who are unfamiliar with personal injury law. So, deciding not to consult with a lawyer could mean losing thousands of dollars of compensation. When you meet with an attorney, they will go over every detail of your case and come to a decision of who will be liable for your injuries.
Under the assumption of risk rule, you cannot file a lawsuit against the defendant for your injuries if you signed a contract stating that you would not bring a legal case to them. A waiver form is a perfect example of a contract. The reason behind the assumption of risk rule is to prevent liability against the defendant. Moreover, this also prevents the injured party from bringing a claim.
However, assumption of risk is a defense based in contract law. There are a couple of things that this rule cannot be applied:
Most sports injuries fall within the realm of “assumption of risk” and therefore are not compensable. However, each situation is different and the injured participant may be able to recover from their injuries if they were caused by intentional acts, recklessness, a defective product or negligent coaching.
No one is ever prepared for a sports-related injury. In addition, it’s even difficult as a parent to see your child being involved in these risky activities. Here at Malloy Law Offices, LLC, our attorneys understand the pain and suffering an athlete and parents go through when these circumstances occur. It is always better to talk to a Personal Injury Lawyer. If you have any questions related to personal injuries from a negligent act, call our office: (202) 933-1918.