Kids have always enjoyed playing games. But, in recent years, the trend for children to play organized competitive sports at very young ages has been on the rise. Beyond all the physical, mental, and emotional benefits of engaging in sports, there’s a downside. Injuries are very common in kids’ sports.
However, under most circumstances, it’s hard to sue for a sports-related injury. In many cases, the parents sign a release on behalf of their minor child. This document may or may not be acceptable depending on how it is written.
A personal injury lawyer can help you win a case, but it is not easy. Your personal injury lawyer will have to check that your personal injury claim is in line with personal injury law. They are likely to check if some intentional violence, negligence, defective product, or unlawful activity may have caused the injury.
Which Sports Have the Most Injuries?
Becoming part of a sports team can be a stimulating experience for both kids and parents alike. However, it is important to know the risks associated with each sport.
These are some of the most hazardous sports in the United States:
Basketball documents the highest rate of team sports injuries in the United States. The most common types of basketball injuries are sprains and strains. Traumatic brain injuries have also been on the rise.
Football is also one dangerous youth sport. Contusions, concussions, sprains, and strains are all very common types of youth sports injuries from football. Most footballers suffer injuries from the overuse of specific muscles in their bodies. Strenuous workouts and practice sessions are also leading causes of football injuries.
The rate of soccer-related injuries has more than doubled in the last 30 years. Sprains and fractures were some major kinds of injuries. A collision between players or with the ball also caused a high number of soft tissue injuries.
This sport is usually associated with a very high risk of injury, especially for young girls. Some common upper body injuries include overuse of the tendons that support the shoulder.
Elbow dislocations and cartilage injuries are also common types of injuries. Sprains, strains, and fractures often occur in the lower body, regularly affecting the ankles and knees.
The flexibility, strength and technical strength needed to perform difficult techniques can be hard to maintain. This is even more difficult for younger athletes.
Preventing and Treating Sports-Related Injuries
While anyone can experience an unexpected sports injury, there are ways to diminish the chances of sports-related injuries.
Kids should be taught the rules of the sport. They should understand the risks involved, the essential nutrition, and sportsmanship. Warmups and cool-downs also reduce the risk of injuries.
Parents should invest in high-quality gear and safety equipment. Coaches must also be trained to prevent these sports injuries. They should have some sports medicine training to help them deal with minor injuries.
However, if a serious sports injury occurs, medical personnel should be summoned as soon as possible. Nonetheless, even after putting all the sports injury prevention measures in place, sports injuries may still occur.
In instances of sports injury, it’s important to seek medical advice. Parents, coaches, and the player themselves must ensure that the injured player completes the whole sports injury rehabilitation period.
When Can I Sue for a Sports-Related Injury?
The assumption of risk doctrine asserts that any participant voluntarily participating in any sporting activity cannot hold others liable for their injuries if those injuries occurred while participating in the sporting activity.
Although a person may assume the risk of injury when participating in a sport, the assumption of risk doctrine has some exclusions. Some exclusions to the assumption of risk doctrine are;
1. Defective Product
Sports gear such as a football helmet, mouthguard, or any training equipment can injure your child. If this happens and the gear or equipment is proven to be defective, you may be entitled to legal compensation.
2. Medical Malpractice and Negligence
You can sue if your child reinjures themselves while playing after medical staff cleared them to play a sport after a previous injury. Allowing your child to return to play without proper recovery constitutes serious negligence on their part.
Negligence can also include the coach failing to withdraw an injured player from a game or forcing them to play. It also covers failure to supply proper equipment or forcing kids to play in dangerous conditions.
Schools will commonly send a waiver for parents to sign before a student can commence training for a certain sport. These waivers shield the school from any liability connected to “ordinary negligence”. If such a waiver lists your specific type of injury, then parents who have signed that document do not have the right to sue for that injury.
3. Intentional Violence or Unlawful Activity
While “fighting” is permitted in some forms of hockey, violence beyond the boundaries of the sport usually qualifies for legal action. If another player attacks your child, by let’s say booting or punching them, you can likely sue.
If a coach or child intentionally breaks rules that lead to an injury, you may sue as well. If you can successfully prove that your school (or coach) was liable for the injury in question, you may be entitled to receive compensation for your damages. Qualifying damages include:
- Medical Bills
- Pain and Suffering
- Emergency Room Treatment
- Loss of Future Income
- Permanent Disfigurement or Scarring
- Future Medical Costs
Filing Your Lawsuit
Once you have chosen to file a lawsuit against the school district, you will need to discern whose fault the injury is. This could be a coach, an equipment manufacturer, another student, an instructor, or the school itself. You may also choose to list multiple defendants.
Since school districts are also government organizations, you may be required to file a special notice before proceeding. There may also be strict filing deadlines.
Kids’ sport is just as risky as the adult version. As a parent or guardian, your child’s safety and well-being are always important to you. You should make sure you purchase sports injury insurance for your child. This will help you deal with the cost of treatment and rehabilitation if any accidents occur.
A personal injury lawyer can always help you unravel and understand the circumstances around the injury. They can also file a lawsuit to help you claim your insurance if need be.