Sports Concussions Legal Overview

A concussion is a type of head injury that can cause temporary or long-term damage. School sports and recreational activities may carry a risk of athlete concussion. When someone suffers a head injury, they should get a concussion evaluation by a medical professional. Attention to head injuries can reduce the risk of more serious damage.

Unfortunately, not all athletic organizations take concussion awareness as seriously as they should. This puts youth athletes and others at risk of severe injury or death. If you or your child suffered a sports concussion, talk to a personal injury lawyer about your legal options.

What Is a Concussion?

According to the Centers for Disease Control and Prevention (CDC), a concussion is a type of traumatic brain injury (TBI). These head injuries are caused by a blow to the head or a sudden jolt to the body that causes the brain to move around in the skull. This can cause damage to brain cells and even chemical changes in the brain.

After a head injury, you may feel confused, lightheaded, or not your usual self. Signs of a suspected concussion can include:

• Cannot recall events just before the heat
• Appears dazed or confused
• Clumsy movement
• Slow response
• Mood changes
• Loss of consciousness

Like other head injuries, symptoms of concussion can appear immediately after. Some head injury symptoms can take time to develop. It could take hours or days before post-concussion symptoms appear. A healthcare professional should evaluate you for any concussion-related injuries. For online training and concussion education, check out the CDC Heads Up fact sheets.

What Are Common Causes of Sports Injury Concussions?

A CDC study finds that tackle youth football players had 15 times more head impacts. Sports are a common cause of concussion and other mild traumatic brain injury. Many people think about contact sports as some of the most common activities that involve a risk of concussion. However, concussions can happen in almost any sport, including:

• Football
• Hockey
• Softball
• Baseball
• Basketball
• Soccer
• Lacrosse
• Gymnastics

What Are the Long-Term Consequences of Sports-Related Concussions?

Some athletes suffer no long-term consequences of a single, minor traumatic brain injury. However, repeated concussions can increase the risk of long-term injuries. The brain needs time to heal after a shocking blow. Athletes with repeated concussions can develop neurogenerative diseases. This includes Alzheimer’s disease and chronic traumatic encephalopathy (CET).

What Is a Lystedt Law?

Zackery Lystedt was a youth athlete who was permanently disabled after a brain injury in a school football game. In 2009, the 13-year-old junior high school football player suffered a head injury after tackling another player. Shortly after, he shook it off and returned to the game. The child later collapsed on the field and was airlifted to the hospital and treated for a swelling brain. The child suffered permanent injuries as a result of the brain damage.

As a result, Washington passed the Lystedt Law. This required guidelines, education for school sports programs, immediate removal of students suspected of a concussion, and written clearance to return to play. All states have passed laws that address concussions in youth sports.

Are Sports Organizations Responsible for Head Injuries?

Coaches, athletic trainers, and referees should be familiar with concussion protocols. Concussion policies generally require removing someone who suffers a possible concussion until a healthcare provider can give a medical clearance. Allowing someone to return to play increases the risk of a repeat concussion. Repeat concussions can cause severe damage.

If members of the sports organization do not follow concussion management protocols, they may be putting the players at risk. If a sporting organization employee is negligent in causing a player’s injuries, the organization can be liable. The organization can be found liable for negligence if they violate youth sports concussion rules that cause a player’s head injuries.

Are Schools Liable for Student-Athlete Head Injuries?

Even if a head injury happens during school sports, the school is not always liable. For some injuries, student-athletes may have assumed the risk of concussion while playing the game. The parents may have also signed a liability waiver that relieves the school of liability for common negligence.

In some states, school districts that comply with youth sports concussion laws have immunity from liability. Some public schools may also have governmental immunity against personal injury claims for negligence. School liability can depend on state law.

If you want to know if you can hold the school liable for concussions in sports, talk to a local personal injury lawyer. Negligence may also depend on what the school did to foster injury prevention, whether a licensed health care provider was on-premises, and if they gave coaches concussion training.

How Can a Personal Injury Lawyer Help With a Sports Injury Lawsuit?

A brain injury can cause permanent harm to student-athletes. If your child suffered an injury involving youth sports, you may have a claim for damages. Pediatric sports injury claims involving young athletes may depend on state and local laws. You should talk to a local personal injury lawyer for information about your legal options.

An attorney can review your case, identify who is responsible, and file a lawsuit to recover compensation. Your attorney can also negotiate a settlement to pay for your losses. To find out about your legal rights after suffering a sports-related concussion, talk to an experienced personal injury lawyer.