Published on: 15-May-2022
Sports injuries are often a common part of participating in athletic activity and often aren’t considered to be anyone’s fault. However, in some cases, it is possible to sue after getting a sports injury if there was some form of neglect or malicious intentions. If you have reliable proof and believe that you could have avoided being injured had not the other party been negligent, you should speak to personal injury lawyers to find out how to proceed with a personal injury claim. They can review your case evidence and help you seek a settlement from the liable party. You can sue after getting a sports injury for the following reasons:
What Is The Assumption Of Risk?
In general, most sports can place you at risk of an injury. When playing a sport, you knowingly and willingly take on these risks by participating in sports activities and events. This means that you are partially liable for the injuries you receive, which is an implied assumption of risk. However, if someone was negligent in some way that contributed to a sports injury, they would be liable for any resultant damages.
Difference Between Suing And Settling
In most cases, you will likely settle outside of court and not sue the other party. Mainly this is because this is a faster route, and the other party will likely avoid going to court. Your court will also request that you attend a pre-trial mediation before being assigned a court date, further discouraging a lawsuit.
What Are Situations Where I Can Receive Compensation For A Sports Injury?
Physical fitness and sports are supposed to encourage health, rather than increase the opportunity for a serious injury. Here are ways in which someone can be held liable for sports injury damages:
The Premises Was Unsafe
If the playing field wasn’t properly maintained and was hazardous somehow, then the premises owner can be held liable for any sports injury caused by the mismanaged property. For example, potholes, uneven surfaces, and sharp objects shouldn’t be on a sports field.
Defective Equipment
When athletes play with defective equipment, this could put their lives at risk during a sporting event. For example, if a helmet isn’t properly secured during a lacrosse or football session, the athlete can suffer from a concussion or other head injury. Other examples include broken helmet latches, sticks or bats that shatter, defective padding, and other sports equipment.
Harmful Actions By Coach Or Instructor
The sports team coach or instructor should be trustworthy and not put their athletes in danger. They should have their athlete’s best interests at heart and make sure they are healthy. If a coach accidentally or maliciously injures one of their athletes, then they or the organization employing them can be held liable for that injury. For example, if a coach encourages an athlete to take steroids or other drugs to help enhance their performance, this is illegal and harms their health. A coach may also make a poor decision and have athletes train in high heat with no breaks, causing heatstroke. Other examples include if a coach accidentally hits an athlete, such as a bat or a hockey stick, severely injuring them during practice. These are all reasons to seek a settlement from a negligent coach in some way.
What Kind Of Damages Can I Receive For My Sport Injury
Sports injuries are mostly considered bodily injuries, but also they can include pain and suffering. For example, you may be struggling with embarrassment, shame, depression, and other forms of emotional turmoil after a bad personal injury. Other damages can include wage loss if you were unable to work due to your wounds.
Find Out More About Your Sports Injury
Before you seek a settlement, find out from your sports injury attorney if you are not at fault for your sports injury. They can review the factors surrounding your case and decide whether this is an assumed risk or a solid personal injury case.
Personal Injury Advocates >> Tomasik Kotin Kasserman Trial Lawyers
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