Sports Injury Lawsuit Cases: Can You Sue for a Personal Injury from A Sports Injury?
High-contact sports such as football, boxing, basketball, and soccer carry a very high risk of injury for players. According to the National Safety Council (NSC), 3.2 million people were hospitalized for sports-related injuries associated with exercise, basketball, and cycling in 2021. As a result, the number of sports injury claims is on the rise.
The seriousness of injuries suffered by players, specifically head injuries, went unnoticed for a long time. However, medical experts now better understand how constant physical contact affects players of all ages and levels.
In this article, we’ll delve deeper into the common types of sports injuries and some tips on filing a lawsuit with the help of our experienced lawyers at Adamson Ahdoot.
The Most Common Sports Injuries
Below are the most common injuries in sports that most athletes may experience:
Strains and Sprains
A sprain is an injury that affects the tissues that connect the bones. In contrast, a strain involves muscles or tendons.
Though these issues tend to resolve on their own or with minimal medical care, in some cases, a person’s condition may worsen, and they feel unbearable pain or numbness in the affected area.
Fractures are sports-related injuries that involve a broken bone. A fractured bone may be extremely painful and, in severe cases, may lead to paralysis if left untreated. Dislocation of the bone may also occur when two bones that meet at a joint are separated.
Lateral epicondylitis, or tennis elbow, happens when the tendons in your arm become sore from excessive strain.
Due to overuse or repeated action of your forearm muscles, you feel pain or tenderness outside the elbow that may radiate towards your wrist and hand. Playing badminton or other racquet sports put you at risk of developing this condition.
Concussions are a type of traumatic brain injury caused by a jolt, blow, or bang to the head that causes the brain to move back and forth rapidly inside the skull. Problems with balance, memory, concentration, and coordination are common effects of a concussion.
You’re most at risk of developing this condition if you play contact sports like soccer or football. Although players wear helmets to protect their heads, helmets don’t always stop an injury from happening, especially when most players take about 15 hits to the head per game.
Many athletes suffer multiple concussions throughout a season. Those who sustain repeated concussions are more likely to suffer from long-term brain damage and Chronic Traumatic Encephalopathy (CTE).
Chronic Traumatic Encephalopathy (CTE)
Unknown to many, CTE is prevalent among athletes. Well-known professional football players like Junior Seau, Dave Duerson, and Chris Henry have suffered from this condition.
CTE is a type of football brain injury or degenerative brain disease that mimics dementia and is most commonly found in people with a history of repetitive brain trauma. Symptoms don’t appear until years after the head has been subjected to sustained trauma.
Understanding the Assumption of Risk in Sports
Sporting activities that involve strenuous activity increases your risk of injury. For this reason, if you get injured and want to file a personal injury claim, you have to note that California recognizes the assumption of risk in sports.
This means that those who participate in these activities provide their consent and are fully aware of the risks involved. In addition to accepting the risks, they acknowledge the possibility of harm.
However, there are still exceptions to this doctrine, particularly if any of the following conditions apply:
- This was a deliberate injury and occurred outside the activity
- There was foul play with the intent to injure the player
- The defendant’s behavior was irrational
The Role of Waivers in Sports Injuries
Liability waivers serve as legal contracts indicating that athletes are aware of the risks associated with the activities they’re engaging in.
Companies and sports organizations usually require you to sign a waiver to transfer liability for injuries from them through a written contract. They usually come during high-risk activities and contact sports, and often come with insurance coverage.
Can You Sue Someone for a Sports Injury?
In California, you can still sue for sports-related injuries if you can prove that there has been an instance of gross negligence, intentional harm, irrational behavior, or foul play. It’s best to speak with a personal injury lawyer to see if your situation falls under these cases.
For instance, sports organizations that fail to update equipment and maintain the safety of their venues may be liable for injuries caused by faulty equipment or slippery mats.
Filing for a Claim and Lawsuit
Under California law, you only have two years to file for a claim from the accident date. If you can prove negligence, you are amenable to receiving compensation for the following damages:
- Pain and suffering
- Medical expenses
- Rehabilitation and therapy
- Property damages
- Lost wages
Other types of claims involving sports-related injuries include:
- Product liability (like defective shoes or helmets)
- Medical malpractice or failure to diagnose an athlete’s condition
- Wrongful death
Speak with a Personal Injury Lawyer Today
If you or a loved one has suffered from sports-related injuries, our team of highly competent lawyers at Adamson Ahdoot is ready to help you reclaim your losses.
Indeed, we have decades of legal experience defending the legal rights of victims of accidents and sports injury lawsuit cases. Call us at (800) 310-1606 today to schedule your free consultation with a premier injury attorney today.
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