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, who could compromise their entire futures as a result of serious injuries.
Unfortunately, all too often, parents find themselves unable to pursue compensation as the suits are dismissed when student athletes get injured. Keep reading to learn what every parent should know about high school sports injury lawsuits in Winston-Salem!
The Epidemic of School Sport Injuries
Student athletes are prone to injury, with 90% of student athletes reporting that they have experienced an injury related to their sport. Perhaps even more alarming, 54% of student athletes reported playing while injured, which could lead to further injury and long term health repercussions.
The most common injuries student athletes face:
- Strains or sprains
- Broken or fractured bones
- Shin splints
- Muscle tears
- Concussions or other head injuries
Another interesting statistic is that while high-contact sports (like football and hockey) tend to have higher rates of injury, 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 health insurance is going to cover their medical bills and treatment. You may be eligible to receive up to your policy limits, though this does not account for copay, deductible, and coinsurance, which falls on you to pay out-of-pocket.
Some parents seek to file a third party claim under the organization sponsoring the sporting event, but this can be very problematic. Courts will often dismiss these claims. Insurance companies will also fight for your case dismissal, as they want to pay out as little as possible.
Why High School Sports Injury Lawsuits Are Often Dismissed
To seek full compensation for your child’s injury, personal injury lawsuits are necessary. 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 North Carolina
When filing your claim 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 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 high school sports case. If the injury occurred in the normal course of a sporting event, it’s unlikely that your case will establish liability.
It’s Important to Know Your Rights
If your child participates in high school sports, you know there’s always the possibility of them sustaining an injury. If that happens, it’s important to know what rights you have when it comes to seeking compensation to cover the expenses of their medical treatments. With this information in mind, you can advocate for your child and ensure you’re seeking help with their best interest in mind.