Whenever you participate in sports, you assume a certain amount of risk. Whether playing dodgeball with your colleagues or riding horses with your kids, there’s always the chance that you could get hurt.
Just because sports are dangerous, however, doesn’t mean injuries are inevitable. As long as you exercise reasonable care and wear all the recommended safety gear, devastating accidents shouldn’t occur—unless, of course, those around you aren’t exercising the same care.
If you sustained a traumatic brain injury (TBI) in some kind of sporting accident through no fault of your own, you may be entitled to compensation for the resulting damages. Let’s take a look at the answers to some of the most frequently asked questions about pursuing a payout in such a scenario:
Who Might Be Liable for My TBI?
Before you can take legal action, you must determine whom to name in your claim. Naturally, the circumstances surrounding the incident will ultimately determine liability.
A seasoned personal injury lawyer will have the resources needed to conduct a thorough investigation and help you identify all responsible parties. Those who could be liable for your TBI and the associated damages might include:
- A coach;
- School or program administrators;
- An equipment manufacturer;
- Another athlete or participant; and/or
- The local municipality.
What Kinds of Damages Can I Pursue Following a Sporting Accident?
In Florida, personal injury claimants may pursue compensation for both the economic and non-economic damages that they incur. Examples include:
- Emergency medical care;
- Ongoing rehabilitation;
- Lost wages;
- Loss of future earnings and benefits;
- Property repairs;
- Home and vehicle modifications;
- Replacement services;
- Loss of enjoyment in life;
- Emotional distress; and
- Pain and suffering.
If the liable party’s behavior constituted intentional misconduct or gross negligence, you may also be entitled to a punitive award. For example, if you were hurt while playing hockey because another player attacked you with unreasonable aggression after the clock stopped, punitive damages may be warranted.
Generally speaking, such awards are capped at three times the compensatory damages or $500,000, whichever is greater. If the liable party was actively trying to hurt you, though, there is no cap.
How Soon After Sustaining a TBI Should I Call a Lawyer?
Following any kind of sporting accident, your first priority should be your health. As soon as your condition stabilizes, though, it’s wise to consult an attorney.
Enlisting help right away will give your legal team the opportunity to obtain time-sensitive evidence while it is still available. It will also ensure you meet all critical filing deadlines before they pass.
If you or someone you love is recovering from a TBI following some kind of sporting accident, contact Emerson Straw. Our resourceful attorneys use the latest technology and visual graphics like accident reconstruction animations to help clients pursue satisfactory settlements and verdicts. Call (727) 821-1500 or use our Online Contact Form to set up a free consultation with a brain injury lawyer.