Every minute, 2 children will be treated to a sports related injury in an American emergency room.
A parent should expect an occasional bump and bruise on an athletic child, but last year 1.35 million kids were treated for more serious injuries caused by sports. How can a parent determine if someone else should be held responsible for paying the medical bills?
Once your child has completed medical treatment for the injuries, be sure to obtain copies of all reports and bills. A claim for personal injury should include the cost of treatment as well as pain and suffering. Medical reports will outline the nature and extent of the injuries and will help determine the amount of compensation your child should receive for sustained pain and suffering.
Proving negligence with a sports related injury can be tricky and requires a Missouri personal injury lawyers expertise. There is an assumed risk when a kid takes on a sport, especially a contact sport like football or basketball. In cases such as these the plaintiff will have to show how the injury is beyond the scope of what could be expected from playing such a sport and whether it could have been prevented. Were all necessary precautions taken to avoid that type of injury from occurring? A head injury may be an assumed risk for a wrestler, but if it turns out that the wrestling mats used were worn and in need of replacement than negligence could be the actual cause. Proof must be shown by the plaintiff that the people responsible for the venue in which the child was injured, ie: their school, owed a duty of care to your child and that they somehow breached that duty. From there they will be required to provide proof that the breach was the cause of the injuries, not any type of unforeseeable intervening event.
The parents of a 14 year old Missouri girl were able to settle a lawsuit for 1.5 million dollars after she was injured during basketball practice. During the normal course of playing, she struck her head on the wall under the net. The metal wall was not protected with any type of padding. The plaintiffs Missouri personal injury attorney brought in experts to demonstrate why such padding is necessary and how contact with that wall happens often during a basketball game in order to disprove the defenses’ contention that no such padding is required and they were under no obligation to install it. The child suffered for months from headaches, dizziness and nausea. Eventually a diagnosis of traumatic brain injury was given and the settlement reached was to help cover the costs of continued medical treatments.
Be Aware of Your Rights to Compensation
Seeing your child hurt can be just as traumatic for the parent. Be aware of your rights to compensation and hire a reputable Missouri personal injury attorney if you believe that their pain and suffering could have been avoided.
photo credit: Jamiel.WilliamsPhoto via Flickr
