Child Sports Injuries And Your Legal Options
Your child has taken up a sport through school or an extracurricular sports club and has now suffered an injury. Unfortunately, your child is just one of many that suffer from sports injuries every year. What are your legal options and what steps should you take next?
Go Through Your Own Insurance First
In most cases, you will need to get treatment through your own health insurance company first. If you don't have health coverage, you will need to pay out of pocket. Make sure you get the full details of the injury and a written estimate of the costs for all treatments.
Go Through the Club's Insurance
The injury happened on the club's time, so the next step is to go through that insurance. Whether it was a school or out-of-school club, there should be liability insurance. You can also file a claim against the school or club. This will require a lawyer and proof of all the damages—economical and non-economical. You will need to show that the club was negligent and liable in some way.
File a Personal Injury Claim
There are times that the injury was caused due to the actions of one specific player. This may have been through negligence or an intended action to cause harm. Where this is the case, you may be able to file a claim against the individual. Like filing claims against the club, you'd be best hiring an attorney to deal with it.
It Isn't Going to Be Easy
While you shouldn't be left out of pocket, proving that the injury was the club's fault isn't always going to be easy. Unless there was clear negligence or intent, you will often need to face the fact that your child assumed the risks by playing the game.
College student Shawn Bukowski tried this after a drive line hit him in the face. He claimed the coach set the safety protocols up negligently, but the court ruled that he had assumed the risks by playing. However, had the coach known the equipment was faulty and the injury happened due to that—and Bukowski wasn't made aware—then the coach could have been held liable.
There is an element of risk when playing sports, and parents and children will accept these by playing. However, there are still steps that schools and clubs must take. If your child is injured, know your legal rights and talk to an attorney at a law firm like Trump & Trump if your child is injured playing sports.