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Filing a Personal Injury Claim after a Severe Sports Injury

Posted by attorney Donald Banovitz

In Aurora, personal injury lawyers receive inquiries about personal injury claims from parents and spouses of injured sports players. Every day, thousands of high school, college, and professional sports players hit the field to play their beloved sport, and serious injuries are an unfortunate reality. In some cases, the injury may be the result of negligence.

The Prevalence of Sports Injuries

The National Center for Catastrophic Sport Injury Research (NCCSIR), an organization that collects sports injury data, reports, “football is associated with the greatest number of catastrophic injuries." The report indicates that in 2010, there were 22 catastrophic high school football injuries, and five in the college ranks. Other sports may also lead to catastrophic injury, which the NCCSIR reported defined as “any severe injury incurred during participation in a school/college sponsored sport."

Among the types of catastrophic injuries that athletes may incur include:

  • traumatic brain injury;
  • fractures;
  • spinal cord injury;
  • paralysis;
  • joint injuries; and
  • crippling knee injuries.

The Courts’ View of Sports Injury Claims

There is a certain degree of risk when playing sports, especially for sports commonly considered “more dangerous," such as contact and extreme sports. Most sport organizations even require players to sign a legal release form that releases the organization or facility from legal liability should the player suffer an injury. In many cases, the courts will determine that the athlete assumed the risk of injury by willingly participating in the sporting activity.

This isn’t always the case, however. There are certain sports injuries that involve behavior that lies outside the agreed-upon rules and regulations of the sport, and therefore may warrant legal action. Determining if a claim is warranted can be tricky, which is why many in Aurora may find a personal injury lawyer’s case evaluation helpful.

For example, athletic facilities have a responsibility to keep their grounds and equipment safe and functional. Failing to do so could deem the facility liable should a player suffer an injury as a result of the unsafe conditions.

Likewise, when a player receives poor instruction from a coach that results in harm, the courts may consider it a case of negligence. If, for instance, a coach pushes a player past the point of exhaustion on a hot Colorado summer day with little to no water breaks, he or she may be held responsible if the player suffers physical harm as a result.

Seeking Compensation for Injuries

When a player has suffered a serious injury, medical bills can accumulate rapidly. Loss of income due to missed work, disability, and loss of enjoyment in life may also become huge factors in these types of cases.

Financial stresses, especially in the backdrop of physical and emotional healing from a serious injury, can become overwhelming. There might be an avenue for financial compensation, though, and the injured party (or his or her loved ones) should learn as much as they can about available legal options.

The first step Colorado athletes should take when seeking compensation is to speak with an Aurora personal injury lawyer about the specifics of the case. Your lawyer will be able to help decipher which legal route you should take, compile the necessary information and paperwork, and help you file a thorough claim, or present your case to the courts, if necessary.

Contacting an Aurora Personal Injury Lawyer

In Colorado, there is a time limit for filing injury claims, so you’ll want to speak with a legal professional as soon as you’re able. Aurora personal injury lawyer D.J. Banovitz can look over your case with you. Contact his office today at 303-300-5060, or fill out the contact form.

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