Concern about athletes has hit an all-time high over the past few years, with traumatic brain injuries, concussions, and other issues ranging all over the news. The concern is especially high when it comes to high school student-athletes, whose entire futures can be compromised as a result of serious injuries.
Unfortunately, all too often when student athletes get injured, parents find themselves unable to pursue compensation as the suits are dismissed. Learn why, even with rising concern over student athlete injuries, high school sports injury lawsuits are often dismissed, and how an injury lawyer can help.
An Epidemic of Injuries
Over 3.5 million kids under the age of 15 every year are treated for sports injuries; this is more than 10 percent of the total number of kids that participate in sports. 62 percent of these injuries occur not during games, but during practice, and often it can be attributed to safety precautions, as a third of parents and organizations don’t see the need for the same safety equipment and precautions during practices as during game time.
Another interesting statistic is that while high contact sports like football and hockey tend to have higher rates of injury, those individual sports such as gymnastics and swimming tend to have more severe and far-reaching injuries.
Paying for Treatment
Usually, if your child is injured in school sporting events, your insurance is going to cover their medical bills and treatment, at least up to your policy limits and not accounting for copay, deductible and coinsurance which falls on you.
Some parents seek to file a third party claim under the organization sponsoring the sporting event, but this can be very problematic. All too often the courts will dismiss these claims out of hand, and the insurance companies will fight to see this happen, as they want to pay out as little as possible.
Youth Sports Injury Lawsuits
In order to receive full compensation for your child’s injury, personal injury lawsuits are required. However, many organizations are indemnified against these lawsuits based on several factors. First, you on behalf of your child are legally considered to have willingly assumed the risks that go along with participating in such activities. Secondly, most school districts fall under the auspices of municipalities and government agencies, which makes filing a suit very difficult.
Proving Negligence
In order to file suit against the school or organization, you’ll need to prove negligence on the part of the organization. This means that you’ll have to show something like a lack of adequate supervision on the part of the school, the use of equipment or facilities that are outdated, faulty or otherwise unsafe, employees who have not received the proper safety training, or inadequate medical care to cover on-site emergencies.
These sorts of elements are vital to receiving payout for damages in a youth sports case. If the injury occurred in the normal course of a sporting event, it’s unlikely that liability will be established.
If your child has been injured in youth sports in the Winston-Salem area, and you need help determining whether you can get compensation, we’re eager to help. Contact Lewis & Keller today to receive a free case evaluation and discuss your potential for compensation today.
