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Sports and Personal Injury

Posted on October 15th, 2017 by Oddo & Babat, P.C.

Athletics have long been attributed to physical health and character building for youth. It can be quite helpful for the development of a child to participate in sports to some degree; but what happens if your child gets injured?

The National Center for Biotechnology Information (NCBI) published a paper recognizing knee injuries in the U.S. as a cause for concern. Between 1999 and 2008 there were 6.6 million knee injuries that resulted in a visit to an emergency department. Of those 6.6 million cases, 2.5 million were sports-related injuries sustained by adolescents. The most common knee injuries experienced:

  1. Strains and sprains, accounting for 42.1% of knee injuries leading to an emergency room visit.
  2. Contusions and abrasions account for 27.1%.
  3. Lacerations and punctures, accounting for 10.5%.

According to another study, the sports with the greatest general injury rates were contact sports, like hockey or football. However, the most severe injuries incurred were from individual sports, like swimming or gymnastics. But who is responsible for the expenses?

Personal Injury

Generally, health insurance will cover the medical expenses for the child; of course, not including the deductible or copay you have arranged with the provider. But in legal terms, damages equates to more than just physical damages or injuries. It also pertains to emotional stress, sleeplessness, or even depression as a result of the incident.

Claims can be filed against an organization, a person, or multiple parties. This process requires filling out documentation with the local civil court system; which may be cumbersome and tedious for those without professional attorney experience. Within the documentation, you must be able to prove that the knee injury was caused by the defendant’s own negligence. An example of negligence may fall under:

  • Defective equipment
  • Insufficient supervision
  • Inadequate on-site medical treatment
  • Poorly trained employees
  • Improperly maintained facilities

Statistics suggest a tendency for coaches and organizations to focus more on injuries related to games and give less attention to injuries from practice. However, these claims can be hindered or dismissed due to “assumption of risk” documents you may have been required to complete with the organization. The documents essentially require the participant to accept the inherent dangers of the sport. But if the knee injury was a result of malicious conduct from another player, the incident may constitute assault – perhaps another option to explore.

There are many factors to consider when exploring a personal injury case for your child’s sports-related knee injury. If the sport was organized by the school system, then there are more special considerations since the injury claim would be filed against the government. Work with an experienced doctor such as the best knee pain doctor in PG County MD. Because of the complications in these cases, it is also important to seek guidance from a personal injury lawyer who may be able to determine whether or not the case is worth pursuing.  

Thanks to Authors at Pain and Arthritis Relief Center for their insight into Chiropractic treatment.

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