Sports are an incredibly popular form of recreation for millions of people of all demographics in the United States, as a knee pain doctor can attest. Usually people participate in sports leagues. Sports that draw the most players are football, lacrosse, basketball, and baseball.
One of the biggest challenges parties face in these types of claims is what is called the assumption of the risk defense. Under this defense, a party who consents to play an aggressive sport also consents to the risk of injuries that come along with it.
While this defense sounds straightforward and makes sense, it will not apply for risks that are outside of the ordinary risks of the game. For example, an player who tackles an opponent in a football game and causes an injury will not normally have any liability for that injury. After all, tackles are a part of the game, they are expected, and players consent to get tackled in football.
But let’s switch things around a little. Instead of just a routine tackle, it can be problematic from a legal perspective if a player tackles another player during a dead ball situation, or between plays. Or, it may be the case that a player uses a move or technique that is not legal in the sport, and that causes an injury. When that happens, the rules of consent get thrown out the window. In the same way, the rules regarding the known risks of the game will not apply
If you have sustained injuries while playing in your sports league, you might wonder if you qualify for compensation for any medical bills. In case this does happen, you might like to know how to file for a personal injury claim against the individual or party that you believe caused the accident that lead to your injuries.
Know your legal rights before you pursue a claim. Understand the benefits of working with an experienced personal injury lawyer on your case.
Prepare to File a Claim with an Insurance Provider
There are three steps to follow before submitting your claim to the right insurance provider.
- Document the accident scene as soon as you are able. Take photos or provide a video of the accident itself if someone was recording your game. It is important to take photographs of the scene especially if there is an unsafe obstacle or a defective playing area such as a loose floorboard on a basketball court. You should also document your injuries with photos and also by keeping a small journal detailing injuries and treatments.
- Any witnesses of your accident could help you make your case. Get the contact information of any witnesses and have them create a statement detailing what they saw during the accident and have them date and sign it.
- Make sure you visit a doctor to treat and document your injuries from the accident. In order to make a strong claim, you must have medical documentation. The documentation will describe the extent of your injuries and indicate that they were a direct result of your accident. Without these records, an insurance company will deny your claim.
Moving Forward With Your Claim
After completing the steps above, you can begin to file your claim for compensation with the insurance company. Make sure you know the filing deadlines for a claim as well as statute of limitations for personal injury claims per state.
- You will be required to fill out a claim form supplied by the insurance company. Be careful in filling it out; if you have a lawyer they should review your claim to ensure it was filled out properly.
- An insurance company may want to interview you after the incident. They will try to use this interview to prove your claim false or lessen your settlement amount.
The insurance company thrives by limiting the amount of claims they service year by year. Because of this practice, a lawyer in indispensable in your fight for compensation. Having a lawyer will greatly increase your chance for a fair and adequate settlement.
An initial consultation by our personal injury lawyers is free and can help you decide how to proceed with a claim. Our experienced lawyers will be able to provide you with a solid strategy to pursue and win your claim.
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