Sports and recreational activities are a part of many people’s lives in the US. Even though there are many benefits to playing contact sports, such as camaraderie and competition, there is also an increased risk of sustaining a brain injury. On average, over 283,000 victims under the age of 18 required emergency room care per year as a result of recreation-related traumatic brain injuries.
The lawyers at Goza & Honnold understand there may be an individual or organization at fault for failing to uphold a standard of care on the field or in manufacturing equipment for safety. Determining liability may be challenging without the help of a personal injury lawyer on your side. Understanding the legal processes and requirements involved in filing a brain injury lawsuit is crucial. We have been awarded numerous litigation and trial awards, recovering millions for personal injury victims locally and nationally.
Understanding Traumatic Brain Injuries
Traumatic brain injuries (TBIs) are a serious and potentially life-altering condition that can result from a blow or jolt to the head, disrupting normal brain function. TBIs can range from mild to severe and can have a significant impact on an individual’s quality of life. These injuries can lead to long-term cognitive, emotional, and physical challenges, making it crucial to understand their nature and implications.
What is a Traumatic Brain Injury?
A traumatic brain injury is a type of injury that occurs when the brain is damaged due to external forces, such as a blow to the head, a fall, or a car accident. TBIs can be classified into different types, including:
- Mild Traumatic Brain Injury (MTBI): Also known as a concussion, MTBI is the most common type of TBI. Symptoms may include headache, dizziness, and confusion. While often considered less severe, even mild TBIs can have lasting effects if not properly managed.
- Moderate Traumatic Brain Injury: This type of TBI can cause more severe symptoms, such as loss of consciousness, memory loss, and difficulty with speech and language. Recovery may take longer, and there may be a need for rehabilitation.
- Severe Traumatic Brain Injury: This type of TBI can cause significant damage to the brain, leading to long-term cognitive, emotional, and behavioral changes. Individuals with severe TBIs may require extensive medical treatment and long-term care.
Understanding the different types of TBIs is essential for recognizing the symptoms and seeking appropriate medical care.
Common Causes of Brain Injuries in Missouri
Brain injuries can occur due to various reasons, including:
- Car Accidents: Car accidents are a leading cause of brain injuries in Missouri. The impact of the crash can cause the brain to move back and forth inside the skull, leading to damage. This can result in anything from a mild concussion to a severe traumatic brain injury.
- Falls: Falls are another common cause of brain injuries, especially among older adults and young children. Falls can occur due to slippery surfaces, uneven flooring, or lack of handrails, leading to significant head injuries.
- Sports Injuries: Sports injuries, especially those that involve contact or high-impact activities, can increase the risk of brain injuries. Football, hockey, and other contact sports are particularly associated with a higher incidence of TBIs.
- Assaults: Physical assaults, such as domestic violence or gunshot wounds, can also cause brain injuries. These incidents can lead to severe and sometimes life-threatening brain damage.
By understanding these common causes, individuals can take steps to mitigate risks and protect themselves from potential brain injuries.
Liability for a Sports Brain Injury in Missouri
Depending on the circumstances of your sports-related accident that led to a brain injury, there may be one or multiple parties responsible for injury-related losses you sustained. Brain injury victims often face significant physical, mental, and emotional challenges post-injury. Navigating the complexities of medical, financial, and legal hurdles can be overwhelming. Securing legal representation is crucial to help these victims recover substantial compensation for their damages, including medical expenses and loss of income, particularly when their injuries arise from someone else’s negligence.
The following individuals may be determined to be liable for a sports brain injury upon a comprehensive investigation into the accident:
Coaches
Coaches may be held liable for sports brain injuries, especially if the player has had a history of suffering brain injuries in the past. In some cases, coaches ignore their prior medical history and put them in a game that can cause serious physical harm.
For example, a coach would potentially be liable if a player suffered a recent concussion and is not cleared to play but was put in the game anyway, and the player then suffered a second concussion, resulting in a TBI injury.
Coaches may also be found liable for a brain injury when they put players at unnecessary risk without proper warning or have a blatant disregard for the regulations governing the sport. The complexities of a traumatic brain injury case involving a coach’s negligence can be significant, requiring thorough evidence to prove negligence and often involving lengthy legal proceedings.
Sports Equipment Manufacturers
Sports equipment manufacturers may be held liable for brain injuries if their head gears are defective in protecting the head and brain during contact sports games such as football, lacrosse, or hockey. This may include initial injuries sustained during sports games or worsening injuries due to defective design. Defective equipment can lead to serious brain injuries, which have wide-ranging consequences not just on health but also on financial stability. Victims of such injuries due to negligence have legal rights and may recover damages.
For example, a snowboard gear manufacturer may produce a helmet that does not meet regulatory safety standards for impact. Even if a snowboarder wears it correctly, they may suffer a serious brain injury in the event of a crash.
Property Owners or Event Organizers
Venue or property owners may be held liable if they fail to provide a safe environment for athletes to play. Other aspects that may determine venue liability include failing to provide qualified staff, emergency response plans, or upkeep of the facility to a reasonable degree. With an investigation into the sports accident, a premises liability lawyer may help build a claim to determine responsibility for brain injuries sustained on the venue or property. Filing a personal injury lawsuit can be crucial to seek compensation for such brain injuries.
Event organizers may also be deemed liable if they do not adequately warn athletes of risk or do not provide a medical response plan in the event of an accident. Schools, sports leagues, or referee staff may also be held liable in certain instances.
Medical Professionals and Personal Injury Claims
Medical professionals may be held liable for sports brain injuries in instances of improper response to the injury. Wrongful diagnosis, misdiagnosis, or medical malpractice may cause a brain injury to worsen.
If another medical professional of the same skill and training would have acted differently to respond to the sports brain injury that may have prevented further injury or other losses, a medical malpractice lawyer may demonstrate they failed to uphold a standard of medical care. It is crucial to hire experienced traumatic brain injury lawyers to handle such complex medical malpractice claims and secure fair compensation for victims and their families.
Teammates or Other Athletes
If another teammate or athlete acted maliciously, outside of the reasonable scope of conduct while playing, their actions could be a traumatic brain injury, leading to potential legal implications. For example, if a hockey player strikes you in the back of the head with the hockey stick, causing you to suffer a severe concussion, they may be liable for sports brain injury-related damages.
Prevention and Safety Measures
Preventing brain injuries is crucial to reducing the risk of long-term damage and disability. Here are some safety measures that can help prevent brain injuries:
Brain Injury Prevention
- Wear Protective Gear: Wearing helmets, seatbelts, and other protective gear can help reduce the risk of brain injuries. For example, cyclists and skateboarders should always wear helmets to protect their heads in case of falls or collisions.
- Follow Safety Guidelines: Following safety guidelines, such as wearing helmets while biking or skateboarding, can help prevent brain injuries. Adhering to rules and regulations in sports can also minimize the risk of head injuries.
- Stay Safe at Home: Keeping floors clear of clutter, using handrails, and installing grab bars can help prevent falls and brain injuries. Ensuring that living spaces are safe and free from hazards is particularly important for older adults and young children.
- Drive Safely: Avoiding distractions while driving, following traffic rules, and wearing seatbelts can help prevent car accidents and brain injuries. Defensive driving and being aware of other drivers can also reduce the risk of collisions.
- Get Medical Attention: If you or someone you know has suffered a head injury, seek medical attention immediately. Early diagnosis and treatment can prevent further complications and promote better recovery outcomes.
By understanding the causes and prevention measures of traumatic brain injuries, individuals can take steps to reduce their risk of injury and promote brain health. If you or a loved one has suffered a brain injury, it is essential to seek medical attention and consult with a traumatic brain injury attorney to discuss your options for seeking compensation.
Speak With the Missouri Traumatic Brain Injury Lawyers at Goza & Honnold
Sports brain injuries may have lasting consequences on your physical, emotional, and financial well-being. If you suffered a sports brain injury because of someone else’s negligence, you may be eligible to seek compensatory damages in a personal injury claim. Hiring Overland Park personal injury lawyers is crucial to handle these complex cases, as they work tirelessly to investigate your sports accident and obtain the evidence necessary to prove liability.
To schedule a no-cost consultation with one of our personal injury attorneys, fill out a contact form or call (913) 451-3433.
Goza & Honnold, a trusted personal injury law firm serving Missouri and Kansas, is known for our dedication to client advocacy and trial excellence. With a strong focus on auto accidents, medical negligence, and product liability cases, our experienced attorneys work diligently to secure fair outcomes while being fully prepared to take cases to trial when necessary. We work closely with our clients to build strong cases that reflect their unique experiences.