Sports injury lawyers help you to solve sports injury cases which process can be quite complicated. Even though playing sports has a risk of getting an injury, many external factors can cause injuries, like negligence. Hence, there are several things you should consider before hiring a sports injury attorney.
The following discussion packs the insight for you!
Can You Sue with Sports Injury Lawyers?
You can take legal action if you or your loved ones get injured during sports activities. For this case, you’ll need help from a personal injury lawyer who knows about sports injuries. However, there are two fundamental things you need to consider before filing a lawsuit.
1. Assumed Risks and Waiver
Before you participate in some sports communities, you will get a contract to sign up. Review this contract carefully since it may affect your right to file a lawsuit. Generally, there is a clause that contains an assumed risks doctrine or waiver, which is a barrier that prevents you from taking legal process if an accident happens.
This waiver covers “the common risks” that are natural if you get it during practice. Thus, by signing that contract, you understand that this particular sport has risks for injuries. For example, a running athlete gets a hamstring injury during practice.
2. When Can You Sue for Sports Injury?
Although the waivers might hold you from filing a lawsuit, it doesn’t mean the contract is unliable. There are some exceptions to make you proceed with litigation after getting sport-related injuries, as indicated below.
a. Negligence act
Negligence act may contribute to your sports injuries. For instance, a coach sent the injured player back to the game. In another case, the coach pushes the players into training beyond endurance standards. This intentional negligence might make the couch responsible for sport-related damages.
Another example of negligence act comes from the medical staff. If the staff can not help you treat your sport-related wounds properly, they may be liable for worsening your injuries.
To file a claim for negligence act, you must have clear evidence of the staff or coach’s wrongful doings. Talk this to sports injury lawyers to build the case better. They will help you investigate the sports accident.
b. Intentional Misconduct
Intentional misconduct refers to the ignorance of guidelines set by law, facility, or the governing entity. A person who is disobedient to the law may be responsible for the damages. The person can include the players, coaches, and the person who created the policy.
For example, the players engage in a fistfight during a soccer game. The player is to blame since they engage in a fistfight only to cause harm to others. Another example is if the coach assaults their students, thus, they are liable for the trauma they cause to the student.
c. Defective or Faulty Equipment
Sports equipment is crucial for the players to play the sport. However, the equipment can also contribute to players’ injuries if it has defective quality or improper maintenance. For example, faulty playground equipment can cause broken bones and concussions. Therefore, the equipment must undergo proper maintenance.
In addition, the manufacturer or the person in charge of maintaining the equipment might be liable for defective sports equipment.
Who is the Liable Party for Sports Injury?
The at-fault party for sport-related injuries can vary depending on certain factors and circumstances. Sports injury lawyers will assist you in determining who is responsible for your injuries. In most cases, these parties are responsible for sports injuries.
1. Player
They can be liable for sport-related injuries if they intentionally engage in misconduct that causes harm to others.
2. Staff
The trainer or staff can be responsible for some cases—for instance, negligent acts, intentional misconduct, or assault.
3. Sports organizations
The institutions are liable if they fail to create policies that ensure everyone’s safety.
How the Sports Injury Lawyers Can Help You?
Since sports injury cases can be complicated for various reasons, hiring an attorney would be helpful. They will go through several legal processes to win your case, as explained below.
1. Assessing Liability
An extensive lawyer could be capable of determining liability in sports injury cases. They will scrutinize the case. Furthermore, they will consider other relevant evidence, like the action of the opposing party, safety regulations, and applicable waivers or agreements.
2. Gathering Evidence and Investigating
Bear in mind that your lawyer needs solid evidence to help you win your case. Therefore, the lawyer will collect all relevant evidence to support the claim. This activity may include examining medical records, obtaining witness statements, and reviewing photos or videos of the incident.
3. Navigating Insurance Company
Regarding the compensation, you might be dealing with your insurance company to claim the coverage. However, dealing with the insurance company can be intimidating.
Fortunately, sports injury lawyers can handle the communication and negotiation with the insurance company for you. Meaning, they will negotiate with your insurer to settle the best agreement for you.
4. Negotiating Settlement
When the attorney gathers all evidence, they negotiate with the responsible parties or their insurance company. In most cases, the lawyer will settle the case through negotiation. However, they could take the case to court if the negotiation doesn’t reach an agreement.
The Potential Risk in Sports
Although you might be aware that every sport has its risk for injuries, you should know what kind of injuries you might encounter before participating.
1. The Common Injury in Sport
Some sports might cause different types of sports injuries. However, some also share the common sports injuries. Sports injury lawyers will assist you in getting fair compensation to cover the injuries you suffered. The sports injuries include (but are not limited to):
- broken bones,
- head and neck injuries,
- concussions,
- sprains and strains,
- traumatic brain injuries,
- Achilles tendon injuries,
- hamstring injuries,
- dislocations, and
- overexertion injuries.
2. The Riskiest Sports
Some particular sports have more possibilities of getting injuries than others. According to the Insurance Information Institute report in 2022, the sports that have many injury incidents are mentioned below.
a. Bicycling
The sport had over 400,000 injury incidents in 2020. Most incidents occurred to people aged 5 to 14 and 25 to 64.
b. Basketball
In 2020, this sport had 313,924 injury incidents. People between the ages of 15 to 24 often get the injuries.
c. Swimming
The sport contributes to nearly 190,000 injuries. Most incidents occurred to kids aged 5 to 14 years old.
d. Soccer
This sport contributes to injuries in over 100,000 cases. People between the ages of 5 to 14 years old often get injuries in this sport.
What Do You Do When Getting Sport Injuries?
If you think the staff contributed to your injuries, you can gather evidence before talking with a lawyer. There are a few steps you should follow when you have sports injuries.
- Get medical treatment immediately;
- record all details of your incidents;
- report the incident to a person in authority or management;
- keep your evidence; and
- get legal advice from a professional lawyer.
Get the Help from Sports Injury Lawyers!
Taking legal process for sports injury incidents can be difficult because of the waiver you signed up for. However, it doesn’t mean that the sports institution is not liable. Consult this case with professional sports injury lawyers. They will give you the best solution to get fair compensation for your injuries.
