Can I File a Personal Injury Claim for My Sports Injury?
Getting injured while playing sports sucks, but the good news is that it doesn’t always mean the end of your athletic career. If you’ve ever sustained an injury while playing sports, you know how much it can affect your quality of life.
But have you ever wondered whether or not you can file a personal injury claim in these circumstances?
Depending on the situation and state laws, you might be able to! At OneAccord Physical Therapy, our physical therapists have years of experience helping clients with personal injuries, including sports injuries and other types of accidents that occur outside of typical work settings.
To learn more about how filing a personal injury claim, read on below...
If you have health insurance
Sports injuries are usually covered by health insurance, but only the costs directly related to the injury are covered. If you need to see specialists or have surgery, you'll be out of luck if you don't have any other coverage. If your employer doesn't offer an employee plan or your plan does not cover these expenses, it may be time to find a personal injury attorney who can take on your case and help you get reimbursed for all of your expenses.
Your personal injury attorney will review what happened and try to prove that your boss should be liable for some or all of the cost. They will gather evidence, speak with witnesses, negotiate with defendants and work with experts in order to prepare your case for court.
If you do not have health insurance: You might qualify for workers' compensation benefits, depending on where you live. Workers' compensation will pay for medical care related to the accident as well as lost wages from missed work because of recovery.
How your employer might pay for medical treatment
Since this is not an injury incurred on the job, your employer will not be responsible for paying your medical bills. However, if you have health insurance, they may pay some of your costs. If you are not insured or you have exceeded the lifetime coverage amount, then it is up to you to find out how to pay for medical treatment. One option is to contact a personal injury attorney who can help file an injury claim with the appropriate government agency and work out any remaining details.
Another option is to apply for Medicaid or Medicare benefits which both cover most medical expenses. Finally, if you're in a dire situation, contact your local hospital and ask about their charity care program that might cover your cost. You also want to get a detailed explanation from the doctor as to what treatments you need and what each one would entail before making any decision. In general, most hospitals offer programs where they'll offer discounts or defer payment until later depending on what type of financial hardship your family is experiencing at the time.
What are my other options?
If you have been injured on the playing field, there are several courses of action to consider. You can wait and see if your injury is serious enough to warrant legal action or you can file a personal injury claim right away. If you are unsure of the severity of your injury, then it's best to consult with an attorney before filing anything.
An injury in a sporting event may not be considered as severe as other accidents that happen in daily life. However, sports-related injuries often come with many risks such as head trauma and concussions. It's important to talk to an experienced attorney about what course of action might work best for you so that you can get back on track with your life sooner rather than later. In some cases, an accident lawyer could be able to negotiate on your behalf and settle out of court. Other times, going through litigation will prove necessary for getting the compensation you deserve.
Are there any limitations to personal injury claims?
There are limitations on the type of personal injury cases that can be brought to court. For example, in some circumstances, the person who has been injured may not have actually been harmed by their own negligence (i.e. not their fault), or there is some other legal reason why they cannot file a personal injury claim for their injuries. The best way to determine if you have grounds to make a personal injury claim against another party is to consult with an experienced attorney.
If you need help understanding your options and want more information about how to handle your case and move forward with it, contact a qualified attorney today. You should never wait until you’re healthy again before seeking advice from a professional; once you’ve consulted with an attorney, take care of yourself and get better so you can continue fighting for justice in your case.
Am I allowed to sue under a specific law instead of filing a personal injury claim?
If you are injured while playing an organized sport then the law allows you to sue under the legal principle of vicarious liability. Vicarious liability is when one person is responsible for another person's actions, in this case the league or team would be responsible. The duty was breached by not ensuring that the players were adequately trained and supervised. If they had been, they may have been able to prevent the injury from occurring. The attorney can build up your case against them and help get some compensation for your injury as well as any lost wages and medical expenses associated with it.
You will want to speak with someone who has experience in personal injury cases involving sports injuries. It is important because the type of evidence needed varies from what might be needed for other types of personal injuries. You need to contact a lawyer if you want to file suit so you can work on getting justice and compensation through both civil lawsuits and criminal complaints if necessary.
Is there anything else I should know about filing a personal injury claim after sustaining an on-field or off-field sports related injury while playing in the NBA, NFL, NCAA, etc.?
If the sports injury occurred while playing on the field, it is possible to file a personal injury claim against the organization. If the injury occurred while playing off the field, you may be able to file a personal injury claim against your local school district. For example, if you were injured at a high school football game or injured in a community center basketball game that was sponsored by the city's recreation department, then your local city or county might be liable. The same would apply to injuries sustained during practices and workouts with schools.
Be sure to consult an attorney as there are many considerations when filing a lawsuit related to an injury in sports-related activities and this is not legal advice. It is worth noting that there are statutes of limitations in place related to these types of personal injury claims. It is important to consult with an attorney as soon as possible to ensure you file on time. The statute of limitations varies by state and can range anywhere from two years up to five years or more, depending on your situation.
The individual should still be aware of some potential courses of action: negotiating a settlement with the defendant(s) involved, taking them to court over their liability and/or responsibility, seeking insurance coverage over damages, asking for statutory relief under worker's compensation laws, or seeking other remedies through law.
The fact of the matter is that sports injuries can happen to anyone. They are often unpredictable and they can leave you feeling powerless.
It's important to know your rights, so you can take action with legal if necessary. Keep in mind that there is not always a clear answer as to what should be done in the event of an injury, but being informed and having the right people on your team will help ensure the best outcome possible.
Call 855-331-7522 to schedule an appointment with one of our personal injury specialists.
“19 Best Mesa Personal Injury Lawyers.” Expertise.com, 12 Feb. 2020, www.expertise.com/az/mesa/personal-injury-attorney. Accessed 31 Jan. 2023.
by, Written. “Can You File a Sports Injury Claim or Lawsuit? How to Determine Liability.” Injury Claim Coach, www.injuryclaimcoach.com/sports-injury-claims.html. Accessed 31 Jan. 2023.
Weston, Jay. “Sports Injuries and Insurance.” Alea, alea.care/resources/health-insurance-cover-sports-injuries. Accessed 31 Jan. 2023.