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Personal Injury Claims Stemming from Participation in Dangerous Sports

Posted in Firm News

The most recent news concerning injuries caused by participation in sports is focused on professional athletes who have suffered traumatic brain injuries and chronic traumatic encephalopathy (CTE). Many reports have focused on the serious damage that can be caused by participation in these high-impact sports. However, these injuries are not isolated to individuals playing these sports on a national level. Instead, these injuries happen on an everyday basis to kids of all ages who engage in these activities.

Millions of children ranging from pre-school through college participate in sports, both recreationally and competitively. Although getting injured in some sports is par for the course, some serious injuries can be prevented. It is important that children are instructed on the correct and safe ways to play sports when they are participating in a league, since if not, the harm sustained can be lifelong.

Many parents are mandated to sign release of liability forms before registering their children for sports. However, as with many things, there are exceptions to the enforceability of those waiver forms. A parent or guardian who wishes to file a lawsuit on behalf of their child must first narrow down who exactly is responsible for the injury. That may be the coach, the organization, or the league. In some situations, it is all of these parties, and maybe even others. Then, the parent must be able to show that the alleged defendant was actually negligent and that the party’s negligence caused their child’s injuries.

A parent may show negligence by showing that their child was not supervised, that the coach was not trained properly, or that the location was poorly maintained. Plaintiffs may also claim that there should have been properly trained medical professionals at the site.

One issue that commonly arises is one that was addressed above:  liability waivers and assumption of risk. This usually translates to a defense by the defendant, who may claim that the participants were aware of the risks and chose to participate anyway. However, an experienced attorney can assist in thwarting those defenses and showing negligence even with a signed waiver.

Chronic Traumatic Encephalopathy Identified in Living Person

One medical and legal issue that has been trending in the news for the past year or so is the discovery of CTE in professional athletes who have passed. CTE is a neurodegenerative disease that affects individuals who have suffered repetitive brain trauma. Some common symptoms of this condition include confusion, memory loss, impaired judgment, and impulse control problems. Until recently, this condition was only able to be detected after an individual was deceased. However, according to a recent news report, the doctor credited with discovering this condition has found symptoms of the condition in a living football player.

The doctor performed a test on a famous linebacker, and what was discovered was very similar to a test done on a football player who had died. The doctors were able to identify four distinctive patterns that showed traces of this disease. The doctors are hoping that this discovery will assist in developing treatments and care for those suffering with CTE.

Have You Been Injured Participating in Local or National Sports?

If you or a loved one has been injured because of your participation in a sporting activity, it is important that you contact an injury attorney at the Fine Law Firm. An attorney at the Fine Law Firm can assist you in determining the appropriate parties to sue as defendants and which steps need to be taken to seek the compensation you deserve. Although many kids participate in sports, there is no reason that their injuries should go ignored. If you are successful, you may be entitled to monetary compensation for the injuries your children sustain. Contact an attorney at the Fine Law Firm today at 800-640-6590 to schedule your free initial consultation.

More Blog Posts:

State Court Hears Appeal Following Denial of Expert Testimony, New Mexico Personal Injury Lawyer Blog, February 2, 2016.

Appellate Court Affirms Denial of Plaintiff’s Medical Malpractice Claim Based on Lack of Expert Witness Testimony, New Mexico Personal Injury Lawyer Blog, February 22, 2016.