Can I Sue for a Concussion My Child Suffered in Youth Sports?
Youth sports are great for building confidence and teaching teamwork but when an injury occurs it can change a child’s life forever. A traumatic brain injury is a type of injury seen in youth sports that can appear as a mild concussion but lead to devastating consequences if proper steps aren’t taken.
Even understanding the link between sports and the risk of brain injury, parents in Oklahoma City, OK, may wonder if they can sue if their child suffers a concussion during youth sports. At the Tawwater Law Firm, our traumatic brain injury attorneys can review the details of your child’s injury to determine whether there’s grounds for filing a lawsuit. Contact our law firm today to discuss your claim.
What Is a Traumatic Brain Injury?
A traumatic brain injury, or “TBI,” is an injury that occurs in the brain as the result of a jolt, bump, or blow to the head. A TBI can occur if the head is hit in a manner that causes the brain to move quickly back and forth, hitting the inside of the skull as a result.
A concussion is a type of TBI. Concussions may be mild and cause no lasting damage. In other cases, concussions may be severe and cause permanent injury and lifelong challenges or even death. It should also be noted that repeated mild concussions can lead to long-term problems and make it more difficult to recover with each injury.
Common Causes of TBIs in Youth Sports
It doesn’t take a significant blow to the head to cause a TBI. Children who play sports may suffer a TBI as a result of:
- Tackling
- Failure to wear a helmet or headgear
- Falling
- Getting hit in the head by a ball or other sports equipment
- Getting hit by another athlete
When Can You Sue?
Suffering a concussion during youth sports alone isn’t typically grounds to file a lawsuit. In many cases, parents sign waivers acknowledging the known risk of participating in a particular sport. However, when a school, coach, or other authority involved with running a youth sports program are negligent and a TBI occurred or was worsened as a result, there may be grounds to sue. Speaking with an attorney can help determine whether legal action should be taken.
Some possible scenarios that may meet the criteria for filing a lawsuit include:
- A school or sports organization doesn’t have a protocol for concussions or doesn’t follow the protocol in place
- Leaving the decision to continue playing after a head injury up to a minor athlete
- A coach pressuring players to return to the game after a concussion
- Maintenance issues, such as a slippery locker room floor, were neglected
- A doctor failed to properly diagnose a TBI
Who Should Be Held Liable?
Holding parties responsible for a sports-related concussion in Oklahoma City depends on the cause of the injury and who acted negligently.
A school, sports organization, coach, or doctor are just some possible parties who may be found liable for negligence in a concussion accident. For example, if a coach pressures players to keep playing despite having obvious signs of a concussion, the coach or their employer may be held liable.
Contact the Tawwater Law Firm
Whether or not you can sue someone for your child’s concussion depends on many factors that are best reviewed by an attorney. Schedule a free consultation with our Oklahoma City law firm to discuss your legal options.