Playing sports is a great way to stay in shape, maintain mental health, and have fun. Unfortunately, the physical nature of these activities also makes sports injuries quite common. While spraining an ankle or tearing a muscle might not seem like a big deal, other injuries can impact your life in a big way. Some of the worst sports injuries include serious concussions, spinal injuries, and severe fractures.
If you have suffered a serious sports injury, you may be unable to work. Perhaps you are dealing with mounting medical bills, and you are not sure how you are going to address these expenses. Maybe your quality of life has diminished as you learn to live with a disabling injury for the rest of your life. If a sports injury is having a serious effect on your life, you may be considering a personal injury claim. How does one pursue legal action in this scenario? Who is liable? How much compensation can you receive? These are all valid questions. To gain a more complete understanding of your legal options, it is always best to consult with a qualified attorney who has decades of experience with personal injuries.
Your First Steps
It is important to act quickly after suffering an injury in Kentucky. This is because the state’s statute of limitations prevents you from taking legal action if more than one year has passed since your injury. You should also be aware that there is something called “comparative fault” in Kentucky, which means that you can be partly at-fault for your own injury and still receive a settlement. For example, you may have forgotten to wear the proper protective equipment during a sports game, but you can still hold the facility liable if they created an unsafe environment. Finally, there are no “caps” on damages in Kentucky, which means there is no limit on how much compensation you may be awarded.
Who is Liable for My Sports Injury?
Determining liability is one of the biggest challenges with sports injury cases. Typically, this process is easier if the plaintiff is a child. This is because a child usually suffers sports injuries while at school or while they are under the supervision of a coach. Schools and coaches have a “duty of care” to children, which means they may be sued if their actions or policies directly contribute to the injury.
If you are an adult, proving negligence becomes more difficult. When we play sports we take on an “assumption of risk,” which means we are aware that the activity is inherently dangerous on some level. In other words, we knew what we were getting ourselves into. That being said, our assumption of risk only goes so far. We may accept the risk of injury due to sports, but we cannot accept the risk of unforeseen hazards that happen outside of the normal scope of sports. For example, those tasked with maintaining the facility or fields may have created a hazardous environment. Perhaps a basketball court floor is wet, or goalposts fall over onto players.
In addition, you may be eligible for a product liability lawsuit if your sporting equipment fails and causes you injury. For example, your pads may have failed to adequately protect you. Or maybe ice skates fall apart during a hockey game, sending the blades careening into players.
Getting Legal Help
Do not let your sports injury change your life without getting the legal help you need. Reach out to Roberts Law Office today, and we will help you achieve justice.