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4 FAQs About Sporting Accident Brain Injuries

October 15, 2019

by Donaldson & Weston

personal injury lawyer

Most athletes accept at least some risk of injury when they choose to play a sport, but there are circumstances when a person or organization can be held financially liable for harm caused by a sporting accident. If you or your child sustained a traumatic brain injury (TBI) while playing a sport, it may be possible to seek compensation for medical expenses, pain and suffering, and other damages.

The easiest way to find out if your case has merit is to speak with a personal injury attorney. In the meantime, read on to learn the answers to four FAQs about these cases:

1. Who Might Be Liable for a Sporting Accident Brain Injury?

There are several parties who might be liable for a sporting accident brain injury, such as:

  • Other participants in the sport;
  • Any coaches or guides who were in charge at the time;
  • The school that hosted the game;
  • The company that organized the outing; or
  • The manufacturer of any defective equipment that contributed to the injury.

2. What Kinds of Damages Might Be Available?

In the state of Florida, personal injury claimants may be able to seek compensation for the following damages:

  • Past and future medical expenses;
  • Lost wages;
  • Loss of future earnings;
  • Domestic help;
  • Child care;
  • Home and vehicle modifications;
  • Pain and suffering;
  • Emotional distress; and
  • Loss of enjoyment in life.

If the liable party’s behavior was particularly egregious, punitive damages may also be awarded. However, these damages are only available in cases that involve gross negligence or intentional misconduct.

3. How Long Do I Have to File a Brain Injury Lawsuit?

In most cases, the statute of limitations for brain injury lawsuits is four years from the date on which the injury occurred. If you want to name a government entity in your suit, though, you must submit a written notice to the appropriate agency and then allow for a 180-day investigation to take place. If your claim is denied following the investigation, you’ll most likely have three years from the date of injury to file a formal lawsuit.

4. Why Should I Hire a Brain Injury Lawyer?

Although you have the right to represent yourself during the claims process, it’s wise to seek legal counsel. Brain injuries are inherently complicated, and proving their severity poses certain challenges—especially if you’re going to need ongoing medical care. A seasoned attorney will know how to demonstrate the extent of the damages, which may require testimony from medical and financial experts. Your lawyer can also handle settlement negotiations and any litigation that may follow.