Can I Seek Compensation for a Sports Injury?

Generally speaking, participating in any kind of physical sport carries a risk of physical injury, even those that do not typically involve bodily contact. Most participants consider minor injuries to be part of the game, but serious harm can lead to time off work and medical bills – so can you seek compensation to help pay for those expenses? Our personal injury attorneys could help you understand the complex world of sports injury liability and compensation for those affected by a sports-related injury.

Who is Liable?

The first step in determining whether or not you can seek compensation for your sports injury is establishing the party liable, or responsible, for the injury. Depending on the facts of your situation, a few different parties may be liable for your sports injury:

• A fellow athlete could be responsible for your injury if the athlete acted in a way that was intentionally harmful, beyond the accepted norm of the sport
• A coach or staff member could be responsible for your sports injury if they failed to provide proper instruction
• If the injury was directly caused by unsafe conditions at a sports facility (e.g., poorly managed turf, broken equipment), the facility could be liable to compensate you
• If you are a professional athlete and were injured while you were working, you may be entitled to worker’s compensation benefits

Speaking with a licensed attorney who has experience in personal injury claims can help you establish the liable party and guide you through the process of filing a claim for compensation.

Personal Injury Lawsuit for a Sports Injury

Once you have established the party who is responsible for your injury, you can begin the process of seeking compensation. If you are a professional athlete and the responsible party is your employer, you can file a worker’s compensation claim with forms made available to you by your employer. If the injury was caused by a party other than your employer, you will need to file a personal injury lawsuit to seek compensation.

In a personal injury lawsuit, several factors influence the amount of compensation you may be entitled to. The court will consider things like:

• Medical Expenses: Compensation for a personal injury claim typically includes current and future medical expenses related to the injury (surgeries, physical therapy, follow-up visits).
• Lost Wages: If the sports injury impacts your ability to work, your compensation could include any income that was lost due to the injury, even future earnings if you are unable to return to work.
• Pain and Suffering: Compensation for your physical pain and emotional distress may be available in certain circumstances where the injury is especially severe.

If you decide a personal injury lawsuit is the way to go, it is important to keep detailed a record of all doctor’s appointments, witness statements, photos, and any other documentation that will help prove your claim. This is where enlisting the help of a personal injury attorney is especially advantageous, as they can assist in making sure everything is properly documented and no legal deadlines are missed.

Potential Obstacles to Compensation for a Sports Injury

Even if you have established the responsible party and have properly documented all evidence related to your injury, there are a few things that might limit your ability to receive compensation. Many sports organizations, schools, and teams require athletes to sign a waiver releasing the organization or facility from any liability for injuries, which may prevent the party who caused the injury from being held accountable.

Failure to file a personal injury claim within the statute of limitations may also hinder your ability to receive compensation.  The statute of limitations varies by state, so it is important to act quickly if you think someone else is responsible for your sports injury.

Reach Out to Our Team to Discuss a Claim After a Sports Injury

If you have suffered an injury while participating in a sport, there may be multiple avenues for you to seek compensation. Determining the responsible party, proving fault, keeping proper documentation, and maintaining important deadlines can be overwhelming. It is best to consult with an experienced personal injury attorney who can help you understand your claim and maximize your chances of receiving compensation.