Los Angeles wrongful death

Legal Rights in Sports Injury Cases

Unfortunately, sports injuries are very common for athletes, and it is important to understand the legal implications of such. When these injuries occur, the law is there to help ensure the victim’s protection and compensation.

Our Los Angeles wrongful death attorneys are here to guide you through sports injury cases. With our expertise, we can help you identify your rights and the first steps to take following this type of accident.

Below is a general overview of sports injuries, though each case will vary. Victims and surviving family members of deceased victims should contact a Los Angeles injury attorney directly with any questions.

Who Can You Sue in Sports Injury Cases?

When seeking compensation in a sports injury case, you must determine the party you can sue. Depending on the specific circumstances, many parties can be liable.

Other athletes, coaches, and trainers can all be responsible for actions contributing to the injury. Schools, sports organizations, or even the government may face liability if they do not follow the proper safety measures. Defects in sports gear can also leave equipment manufacturers responsible.

To build a strong sports injury case, you must be aware of all the liability and potentially suable parties. John J. Perlstein’s Los Angeles wrongful death lawyers will ensure that they hold the correct parties accountable.

Types of Cases That May Be Subject To A Claim

There are a wide variety of sports injuries, and many people are unaware of the possibility of legal claims. Some instances in which sports injuries may warrant legal claims include:

  • Negligent coaches or trainers: It is the responsibility of coaches and trainers to provide proper training and education to their athletes. They are also responsible for following safety protocols, including identifying and acting on injuries. Failure to do so can make them subject to a personal injury or wrongful death claim.
  • Unsafe playing conditions: Premise owners are responsible for hazardous grounds or unmaintained facilities. They should address any known hazards accordingly and in a reasonable manner.
  • Violence or aggression: If another player is unreasonably violent or conducts physical altercations that are knowingly harmful, they can be liable. Players are harder to hold accountable but can be subject of a claim in extreme cases. It is best to consult a personal injury lawyer in Los Angeles to discuss the specifics of these cases.
  • Defective Equipment: Manufacturers are liable for injuries or fatalities sustained from faulty sports gear. A product liability claim can hold manufacturers responsible for any threatening defects.
  • Lack of proper supervision: This is especially common in youth sports. Due to their inexperience and lack of knowledge of dangers, coaches should continuously monitor and educate their players.
  • Medical malpractice: Trainers, EMTs, and other staff can be liable for inaccurate injury treatment or diagnoses. For example, if a player shows signs of a head injury and the medical support fails to follow protocol, the player can file personal injury claims against these individuals for their pain and suffering.
  • Violations of safety regulations: In extreme cases, improper guidelines made by organizations can result in a claim. Filing a wrongful death or personal injury lawsuit against these officials is complex. This is why it is advisable to work with a Los Angeles injury attorney.

Consulting with a Los Angeles personal injury lawyer can provide the guidance you need to be walked through a sports injury legal claim. The attorney will help you gather evidence and pursue justice from the responsible parties.

How to Prevent Sports Injuries

Sometimes, sports injuries are an inevitable downside of the activity. However, there are ways athletes and organizations can be proactive in trying to prevent injuries.

Proper training and conditioning can prepare the body for the physical strains sports can cause. Helmets, braces, and padding provide safety protection. Both the athletes and coaches/trainers should monitor safe practices and warm-ups.

Athletes should also carefully follow all the rules and regulations within their sport. They should also be aware of their bodies to sense fatigue, and know when to rest. By adhering to these safety techniques, athletes can ensure lower risks of sports injuries.

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Assumption of Risk

The assumption of risk is a very important factor in a sports injury legal claim. By participating in sports, you indirectly acknowledge the potential risks. The legal assumption of risk in sports injuries recognizes the presence of physical contact and competition as means for injury.

The most important thing to consider is whether or not the injured person has assumed the risk. It might be harder to make legal claims if the injured person knew about the possible dangers.

The assumption of risk, however, is not an absolute defense. It does not discredit the liability of other players or the organization for reckless or intentional harm.

The assumption of risk is a complex legal matter that requires a legal expert’s advice. A personal injury lawyer in Los Angeles can explain the law and determine if you can get money for your injury.

Examples of Famous Sports Injury Cases

Sports injury lawsuits can involve anyone, regardless of their professionalism or celebrity status. However, high-profile individuals may face additional challenges in their cases, especially when proving their innocence.

Our personal injury lawyers in Los Angeles have outlined two infamous cases highlighting sports injuries. These serve as examples of legal considerations that go into personal injury claims. However, it is advisable to seek consultation directly from a Los Angeles injury attorney on any specifics surrounding your case.

Gwyneth Paltrow’s Skiing Accident

Gwyneth Paltrow’s skiing accident that took place in 2016 is a perfect example of a sports injury claim. Terry Sanderson sued Paltrow for $300,000. He claimed that she crashed into him on a beginner’s slope at Deer Valley Resort. This incident caused him to suffer a concussion and four broken ribs.

Sanderson attributed his poor health to this incident, whereas Paltrow contended that he was exploiting her celebrity status. However, after Paltrow released GoPro footage as evidence, she absolved herself of responsibility concerning Sanderson’s claims.

Gwyneth’s accident highlights the hazards linked with sports activities. Her case exemplifies the importance of defending one’s stance in such situations. It is imperative to comprehend your legal rights in personal injury lawsuits.

Individuals who partake in sports are cognizant of the inherent risks involved. Nonetheless, this acknowledgment does not excuse reckless conduct.

NFL TBI Issues

Traumatic brain injuries, particularly in the context of football, are gaining increased attention. Consequently, athletes are nowmore than ever proactively engaging in safety training, and utilizing appropriate protective gear.

The National Football League, a professional American sports organization, faced a class action in 2013 for $765 million. Over 4,000 athletes and their families filed against the organization for concussions and brain injuries sustained. The lawsuit alleged that the NFL willfully misled its players of the long-term repercussions of head injuries.

While the league and sport as a whole remain vigilant in updating safety protocols, there is still risk. Most recently, Michigan State University’s medical team faced backlash for allowing Alante Brown to play after exhibiting signs of a concussion. At this time, no legal action has been taken.

Though lawsuits against organizations are more complex, they are possible. The NFL, NCAA, and other organizations must reasonably attend to concerns facing their athletes including:

  • updating regulations/rules
  • updating injury assessment and treatment protocols
  • implementing new equipment requirements
  • training and educating staff and athletes

To discuss a case against a professional organization, contact our personal injury and wrongful death lawyers in Los Angeles.

Wrongful Death Cases

Sports injuries can even sometimes be fatal, requiring wrongful death lawsuits. These catastrophes can occur because of negligent coaching, defective equipment, or even inadequate safety regulations.

A surviving loved one must file within the statute of limitations (typically two years from the date of the death). A Los Angeles wrongful death attorney can help the victim’s family receive compensation for funeral expenses, loss of income, and loss of companionship.

Wrongful death claims, however, are much more complex than sports injury claims. Investigating the liability of other parties is a much more time-consuming and thorough matter. However, these trials are worth the time and effort for the proper justice and compensation. Seeking guidance from Los Angeles wrongful death lawyers can help move this process along and advocate for those lives lost.

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Schedule a Free Consultation With an Experienced Personal Injury Attorney in Los Angeles, CA

Understanding your legal rights in sports activities is imperative. Participation does sometimes involve risk, but other participants or the organization can still hold liability for their actions. A personal injury law firm in Los Angeles can help ensure justice for the affected parties.

John Perlstein has over 25 years of experience securing fair and just outcomes in personal injury cases. He will work with insurance companies on your behalf to acquire accurate compensation. And if that doesn’t work, John will fight relentlessly in trial to secure the best outcome for your case.

Contact us now at (213) 252-1070 or complete the form to talk to a Los Angeles injury lawyer about your claim.

Los Angeles Personal Injury Victim or Surviving Loved One of a Los Angeles Wrongful Death Victim?

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