Tips for Athletes Looking to File a Personal Injury Claim
Suffered a serious sports-related injury and wondering who’s going to foot the bill? While your insurance company may cover the cost of medical services, it does not cover any other expenses you may have in relation to the injury. While injuries are an unfortunate reality in the world of sports, if you’ve been injured as a result of someone else’s negligence you could be entitled to compensation. The Sports Techie community blog thanks fellow blogger Sara Stringer for her contribution that applies to any sport injury that is the fault of someone other than yourself. Such is the lawsuit covered by the New York Post brought on by ex-NFL players suing football helmet manufacturer Riddell Sports for supposedly withholding damaging information about the severe risks of concussions than were previously disclosed by the Company and National Football League.
Seek Medical Attention
If you’re going to file a claim, documentation will be vital to proving your case. Therefore, you’ll want to head to the doctor for a full evaluation and diagnosis of your injuries. If you have to go to specialists, be sure that you get copies of all of your medical records as you’ll need to turn this over to an attorney for review.
Consult with an Attorney
If you believe that your injury was the fault of someone else or it could have been avoided, you should start by consulting with a personal injury lawyer who is familiar with sports injury claims. They will be able to review your injuries, listen to your story, and investigate further to determine if you have a case. Since most consultations are free or affordable, you shouldn’t have an issue in securing a reputable attorney. In the case of Riddell, lead attorney Jason Luckasevic with law firm Goldberg Persky & White, is leading the charge made by about 1,000 ex-pro players that the company willfully withheld information about the risks of concussions.
Keep Receipts and Document Everything
As you build your case, it will be important for you to keep records of everything relating to the injury . This might include medical copays, bills, receipts for medical devices, legally obtained records of conversations or phone calls from involved parties and whatever else your attorney may deem necessary to win your case. Using a smartphone to take images and videos are good use of digital technology to help make the case. Creating a folder to keep all of this information in is ideal.
Though your case will greatly depend upon your attorney’s ability to prove liability and negligence on the behalf of the other party, should you win your case you could be entitled to all of the following:
- Compensation for medical bills related to the injury
- Loss of income from missing work
- Loss of enjoyment of life
- Pain and suffering
Responsibilities of Your Attorney
After reviewing all of your information, your attorney will have several responsibilities as they help you in getting compensation for your sports injuries. This may or may not include some of the following:
- Talking with insurance companies
- Talking with the legal representation of the “negligent” party
- Securing statements from witnesses
- Reviewing the accident site for potential clues of negligence
- Filing court papers for a personal injury suit
- Negotiating a settlement amount with involved parties
- Pleading your case before the judge
Sports injuries can range from a twisted ankle all the way up to brain injuries. While this certainly comes with the territory when your injuries are the result of someone else, you can receive compensation to help ease the stresses of healing from those injuries. Remember to seek medical attention, document everything with tech if you can, and consult with a personal injury attorney specializing in sports to find out what your options are going forward.
Sports Techie, the New York Post story about the Riddell concussion case seems like it was written with the advice of this blog. Ten years ago, concussions, TBI and CTE were not mainstream news but that is finally changing for the better of all expect the pocketbooks of the NFL, NCAA and NHL, possibly Riddell and even FIFA, in the case of concussions caused by football and soccer. Whether is be a torn knee ligament, ruptured disc or loss of limb, personal injury is serious business.
Former NFL players like Dallas Cowboys All-Pro Tony Dorsett and Super Bowl champion Leonard Marshall with the New York Giants are plaintiffs against Riddell and want to be compensated before the onslaught of dementia and other diseases like Parkinson’s disease take a final and devastating toll on their brains. Riddell may yet have to claim bankruptcy to distance the company from a large settlement or verdict payment should they be found guilty of causing personal injury.
I have played many different sports for nearly five decades and have never sued any person or company and I hope I never will especially in regards to a personal injury claim but these tips help me and hopefully others, understand why this legal action might need to take place and the many steps necessary to ensure a win or settlement.
The bottom line is this, protect yourself in case of negligence in a personal injury claim by seeking a diagnosis from a physician, finding qualified legal help and documenting everything with a paper and digital trail, then stay on top of the case in whatever way necessary.
Ideally, athletes won’t get hurt in the first place but if they do, the law will stand behind them if wronged by no fault of their own but rather by someone or someplace else.
See y’all later in Seattle, Atlanta and around the world.
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