Sports are an integral part of American life, providing physical activity, recreation and entertainment for millions. But any physical activity has inherent risks, and playing sports dramatically increases your risk of injury. Most athletes are willing to take on sports-related risks, deeming the benefits to outweigh the risks. But many injuries are preventable, and sometimes they are due to negligence.
Incidence of US Sports Injuries
According to a 2016 National Health Statistics Report by the US Department of Health and Human Services, an average of 8.6 million incidents of sports and recreation injuries are reported each year, in participants aged 5 years and older. Sixty-five percent of the injuries occur in the 5–24 year age range, with the highest rate of injury among children aged 5–14 years.
About one-third of sports injuries occur on athletic fields, in sports facilities or on playgrounds. Half or all injuries require medical treatment, and a third require emergency medical treatment. About 2.7% (230,000) require extended hospitalization. The most common injuries are to the lower extremities (42.0%), upper extremities (30.3%), and head and neck (16.4%). Sports-related traumatic brain injuries (TBIs) account for 4.5% of total sports injuries.
Liability in Sports Injuries
Being injured during sports can have far-reaching repercussions, especially for young people with aspirations of becoming a professional athlete. However, liability for sports injuries most often rests on the athletes themselves, under the legal doctrine of “assumption of risks.” Young athletes and their parents understand the risks that come with playing sports, and they willingly participate in spite of those risks.
Most sports programs require athletes and their guardians to sign a waiver of liability that exempts the program from responsibility when injuries occur. And so long as the program adheres to protocol, a lawsuit leveraged against the program is unlikely to hold up in court. But there are incidents where programs, facilities, trainers and coaches are held liable for negligence when they fail to follow due diligence.
Situations where liability for sports injuries stems from negligence include:
- Circumstances leading up to the injury exceeded the boundaries of ordinary risk assumed by participants.
- The negligence or carelessness of a coach, trainer or other responsible individual directly caused the injury.
Faulty or poorly maintained athletic equipment caused the injury.
- Unsafe and/or poorly maintained fields, courts or playing surfaces led to the injury.
- Standard safety measures were not taken by the program or facility to reduce the risk of injury to participants.
- Coaches or trainers used unsafe or unconventional training methods that resulted in injury.
Filing a Sports Injury Lawsuit
If you or your child is injured while participating in sports activities and you believe others to be at fault, you should contact a personal injury attorney shortly after you receive medical attention. The lawyer will ask you about details leading up to the injury and request documentation and other evidence that supports your claim, to determine whether your case is viable.
If your attorney thinks you have a good chance of winning your lawsuit, they will often represent your case without an upfront fee. They will be paid from your settlement amount after all negotiations and court proceedings have been hammered out. It is important to gather as much documentation as possible, including photos, eyewitness reports, records and receipts for medical treatment, and any other documentation or evidence you can provide.
Legal Funding for Sports Injury Lawsuits
Even if your case is well documented and your legal team is optimistic about winning, it can take months to negotiate a fair settlement that compensates you for your injuries. Medical expenses, time off from work, lost wages and pain and suffering can quickly take their toll, eating away at your finances and destabilizing your life.
Paying your monthly bills can become a challenge, making you vulnerable to predatory insurance companies that want to exploit your situation by offering you a much smaller sum than you deserve. Maxing out your credit cards or taking out a bank loan only add to your financial burden by adding monthly payments to your existing obligations.
Cronus Capital Group offers a solution for injured parties waiting for a settlement who need money now. We offer medical loans and post settlement funding cash advances against your settlement amount, to help you get by while you wait for your settlement award. There are never any monthly payments. We get paid when your case settles, and if you don’t win your case, you owe us nothing.
The application process for pre settlement lawsuit funding is quick and easy. Just contact any of our convenient NYC locations, or fill out our simple online application. Our friendly staff will get right to work, contacting your lawyer and establishing your eligibility. You could have money in your bank account in as little as 24 hours.