Can You Sue for a Sports Injury?
Want to File a Claim After a Sports Injury? Give Us a Call
Were you involved in a sports-related injury due to the other party’s reckless or malicious behavior? You may have a case on your hands. West Coast Trial Lawyers welcomes sports injury victims to reach out to our expert personal injury attorneys for legal assistance. We will assess your case to determine whether you may be entitled to file a claim against the party at-fault for damages.
We have over 100 years of collective legal experience in handling personal injury cases and recovered more than $1.5 billion in settlements for our clients. As we continue to contribute as much hard work and effort as possible into each one of our cases, we remain confident that we will deliver the justice and compensation you deserve.
To get started with your sports injury claim, contact us today by calling (888) 573-3619 or completing our online contact form to set up a free consultation.
What Is a Sports Injury?
A sports injury is identified as a type of injury a person may sustain when participating in a sports-related event, such as a soccer, basketball, or football game. The most common types of sports injuries reported are fractured bones, head injuries, brain injuries, spinal cord injuries, arm or leg injuries, ACL tears, facial injuries, cuts, bruises, shoulder or knee injuries, or a hamstring strain.
Are You Given the Legal Right to Sue for a Sports Injury in California?
Although it can be difficult to prove liability since it is expected for players to get injured while playing sports, victims of a sports injury may be able to pursue legal action if they can prove negligence or willful conduct.
In a sports injury case, negligence can be identified when a player exhibits acts of recklessness that ultimately results in the victim getting injured. The victim will be required to prove the three elements of negligence. This includes the following:
- The defendant owed the victim a duty of care;
- The defendant breached their duty of care; and
- The defendant’s unlawful actions resulted in the victim’s injuries.
Willful conduct must also be proven. Basically, the victim must show evidence of the defendant intentionally wanting to harm them. For example, an aggressive player punched the arm of another player after getting blocked from making a shot in a basketball game. The frustrated player had the intention of starting a fight in hopes of injuring the player who had blocked their shot.
If the victim is successful in proving these elements in a sports injury case, they will be granted fair compensation, which may help cover for damages, such as medical expenses, pain and suffering, loss of quality of life, and loss of future earnings.
Can You Sue if Defective Equipment Was the Cause of a Sports Injury?
It is possible for a player to sustain an injury due to defective equipment, such as helmets or masks. If such equipment is not manufactured or designed properly to protect players from enduring serious or fatal injuries, victims will be given the legal right to pursue a products liability claim against the manufacturer and others involved in the chain of distribution.
To obtain damages in a products liability claim, the victim will need to show proof of the following:
- The defendant manufactured, provided, or sold a defective product;
- The product had a defect when it was no longer in the defendant’s possession;
- The plaintiff sustained injuries after using the defective product; and
- The defective product was the primary cause of the plaintiff’s injuries.
The types of damages that can be granted in a products liability claim include medical bills, lost wages, loss of earning capacity, emotional distress, pain and suffering, and loss of enjoyment of life.
What Are Some Common Symptoms of a Sports Injury?
To determine whether you are suffering from a sports injury, you may experience immediate pain after physical contact or will gradually develop the pain over the next few hours, days, or weeks. Common types of symptoms that have been reported in a sports injury include:
- Lack of stability
When Would It Be Necessary to Seek Medical Attention for a Sports Injury?
If you start to notice no improvements with your sports injury, you may have to schedule an appointment to get it examined by a specialist. To determine if your sports injury requires further medical attention, you should look out for the following signs:
- Infection, such as fevers or chills
- Lack of mobility
- Difficulty performing simple tasks when using the injured body part, such as walking or moving your arms
- Skin injury, such as bleeding
- Loss of consciousness, headaches, or dizziness after a head injury
How Can a Sports Injury Be Diagnosed?
Once you are seen by a healthcare professional, they will administer different types of imaging tests to determine what type of sports injury you have sustained. This includes the following:
- An X-ray will rule out whether you have sustained any fractured bones.
- A CT scan will offer a more detailed look at your bones and soft tissues to detect any abnormalities within your complex joints.
- An MRI will provide diagnostic imaging of any muscle injuries, bone fractures, muscle sprains, head injuries, or joint damage.
- An ultrasound will directly focus on your tendon to determine whether damage is present. The radiologist may ask you to move your joint to observe how your movement is affecting your tendon.
After you are given a diagnosis, the healthcare professional will provide you with a treatment plan to help you with your recovery. If a minor injury was found through the imaging tests, your treatment plan may include the following:
- Get as much rest as possible.
- Ice your injured area to reduce or control any swelling or inflammation.
- Wrap a compression bandage around the injured area.
- Elevate your injured area to help reduce pain or swelling.
If your sports injury is moderate or severe, you treatment plan may include the following:
- Take pain medication or injection.
- Go to physical therapy.
- Get a splint, cast, or brace to immobilize the injured area.
- Undergo surgery.
Remember, not everyone will go through the same recovery path as you. Each sports injury will result in different outcomes that will require different types of treatment. As long as you remain consistent with monitoring and treating your injury, you will start to notice improvements much earlier on in your journey to recovery.
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