Traumatic Brain Injuries And CTE
Traumatic brain injuries (TBI) are far too common in sports. More than 4,500 lawsuits from former NFL players have been filed and settled since 2013. Because of these lawsuits, and the open discussion from affected players, more athletes have identified with the same symptoms. Now, athletes are receiving the compensation they deserve from their brain injury lawsuits.
Working with a traumatic brain injury lawyer can help you or a loved one get the compensation you deserve. When it’s clear there’s a liable party to blame, it’s time to get compensation for your traumatic brain injury. Don’t let someone’s negligence towards your brain injury affect the rest of your life.
Also Read: Getting A Settlement For Your Traumatic Brain Injury
Common Side-Effects Of TBI and CTE
TBIs are incredibly serious and often have devastating symptoms. Common side-effects of sport-related TBIs include:
- Memory loss and reasoning issues
- Problems with sight and balance
- Problems communicating, expressing, and understanding
- Brain disorders like epilepsy, Alzhiemers, and Parkinsons
- Other personality disorders and changes
- Paralyzation and death
Commonly, athletes are praised for “pushing through” their injuries, but often have devastating and life-long disabilities from their injuries. Rather than taking the time to heal from their injuries, coaches and trainers push their athletes to continue playing with an injury. This will result in even more devastating diseases like CTE.
Chronic Traumatic Encephalopathy (CTE) is caused by repeated, forceful blows to the head. CTE is a relatively new disease to the medical world with very little research. It can only be diagnosed after death, and there is no treatment or cure. CTE often appears similar to Parkinson’s disease and Alzheimer’s disease. Even young athletes still in their 20’s can experience CTE and experience symptoms of:
- Memory loss
- Confusion
- Personality Changes
- Erratic behavior and aggression
- Problems paying attention and organizing thoughts
- Difficulty with balance and motor skills
Tragically, many athletes with CTE also experience severe depression and other mental illnesses from their pain and suffering. Famously, Aaron Hernandez, the 27-year-old NFL player with one of the worst cases of CTE committed suicide while serving a life sentence for murder.
Legal Arguments Used In TBI Lawsuits
In sports, there is a “voluntary assumption of risk” associated with many sports. This means that athletes do understand there is a risk involved with almost any sport. However, a traumatic brain injury lawyer would argue against the player’s treatment rather than the risk, itself. In many cases, an athlete suffers from repeated injury and lack of treatment or care.
To prove the negligent party’s liability, the injured party must prove two things:
- Factual causation considers an athlete’s injuries in relation to the sport.
- Legal causation considers the relationship between the damages and the defendant’s negligence.
To create a successful argument in a traumatic brain injury case like this, a traumatic brain injury lawyer must provide proof of the athlete’s symptoms as well as the sport’s direct correlation. The traumatic brain injury lawyer would then go on to argue how the defendant’s negligence directly contributed to the traumatic brain injury.
Who’s Liable For Permanent Brain Damage
Parents and athletes alike can now take legal action against the negligent parties who used their position to belittle or ignore these devastating injuries. Some liable parties can include:
- Team doctor or personal physician
- Coaches and trainers
- Referees and other officials
- Player’s club or association
- Another player
Though it’s incredibly rare, other players can be charged or legally pursued. In any competitive sport, players owe a duty of care to other athletes as a show of sportsmanship. This is true even in a hockey fight or UFC match. Athletes still wait to ensure injured athletes are okay, and stop when officials make a call.
Coaches, trainers, officials, and large associations are normally the liable parties in athlete’s traumatic brain injury lawsuits. Because of their expertise, authority, and status, they often use their position of power to manipulate injured athletes. This is especially true for younger athletes who rely heavily on these figures as mentors and leaders.
Every year, athletes with symptoms of traumatic brain injuries are reported. Traumatic brain injuries in young athletes stunt vital developmental growth and can lead to devastating issues with cognitive and mental stability. Take 15-year-old Julian Merlino, who after years of struggling with depression and aggression issues from football concussions, took his life.
How To Get Compensation For A Traumatic Brain Injury
Courts assess all damages during traumatic brain injury cases. Damages due can include:
- Pain and suffering
- Medical bills
- Wages lost
- Special damages
To estimate what kind of compensation you should ask for, call a lawyer. A traumatic brain injury lawyer can help you properly assess what kind of compensation you deserve now and in the future. You may not know everything behind your traumatic brain injury, or the long-term effects of the injury.
A brain injury lawyer can work with you to figure out everything you’re legally entitled to. Traumatic brain injury lawyers know what their clients are worth, and work with neuroscientists and other professionals to really assess your injuries.
To find a personal injury lawyer near you, call My Case Helper now.
