Sports Concussion Lawsuit

What Are Sports Concussions?

“A concussion happens when a force causes the brain to rapidly move back and forth inside the skull,” according to the American Academy of Orthopaedic Surgeons. ⁽⁴⁾ Sports concussions are injuries sustained during participation in sporting activities.

Sports concussions may not just be the result of a blow to your head. They could also result from any jolt to your body affecting the head and neck. ⁽⁵⁾

The sports with the highest incidences of concussion injuries include football, ice hockey, and soccer. ⁽⁶⁾ Approximately 4,000 TBIs are treated annually at New York hospitals in children under age 19. ⁽⁷⁾

How Do Sports Concussions Happen?

Certain athletic activities have greater potential to cause concussions. Some of these high risk incidents while playing sports include:

• Helmet-to-helmet tackles in football — Safe tackle rules have been put in place by many school football programs, including New York. The state forbids players to use their helmets as “butting tools” when playing a sport. Surprisingly, most high school players ignore the rules. One recent survey of high school football players found, “79% said that they used their helmet to hit an opposing player during a tackle and 46% said they made this contact intentionally.” ^{(8) (9)}
• Getting checked against the boards in hockey — This move refers to players using their shoulder, upper arm, hip and elbow to push opposing players into the side boards or down onto the ice in hockey. Getting checked from behind can send a player headfirst into the boards and lead to severe injury. USA hockey rules ban the practice in children 12 years of age and under. ⁽¹⁰⁾
• Heading a ball incorrectly in soccer — Attempting to play the ball while it is in the air, using the head, is called “heading” in soccer. Researchers have found among high school soccer athletes, “Contact with another player was the most common mechanism of injury in heading-related concussions among boys (78.1%) and girls (61.9%).” ⁽¹¹⁾
• Skateboarding or biking wipeouts — Estimates of skateboarding injuries treated in U.S. emergency departments, involving children aged 15 to 19, reached 909,401, according to the National Science Council. ⁽¹²⁾ Contributing factors to this injury rate are the emphasis on extreme stunts along with improper use of safety equipment. ⁽¹³⁾
• Collisions between skiers or snowboarders — A study looking at head injuries among snowboarders and skiers found 69% of collisions resulted in concussions. The risk of sustaining a head injury was highest among males. ⁽¹⁴⁾

Signs of a Concussion

There are distinct signs of a concussion you can observe following an injury incident. Here are common concussion symptoms: ⁽¹⁵⁾

• Balance problems, dizziness.
• Confusion.
• Depression.
• Disrupted sleep patterns.
• Drowsiness.
• Headache.
• Irritability.
• Issues with mental focus.
• Memory issues.
• Nausea and vomiting.
• Sensitivity to light (photophobia).
• Trouble speaking.
• Unconsciousness.

After sustaining a concussion, “You might feel fine, but your thinking, behavior, and/or balance may not be back to normal,” warns Nemours Teens Health, a nonprofit pediatric health information website. ⁽¹⁶⁾

Anyone having a head injury should seek immediate medical attention.

Diagnosis

A medical diagnosis of a concussion includes a neurological evaluation by a qualified doctor. The doctor performs tests for balance, coordination, vision, hearing, and reflexes. ⁽¹⁷⁾

If your doctors find you are having trouble with your vision, they may order a magnetic resonance imaging (MRI) or a computed tomography scan (CT). Balance tests may include force plates. These measure the forces of movements such as stepping, running, and jumping. ⁽¹⁸⁾

What to Do If You Suspect Someone Has a Concussion

The things to do if you suspect someone may have a concussion include: ⁽¹⁹⁾

• Seek immediate medical attention — Concussions must be treated by a qualified medical professional to avoid complications. It is also necessary to have a doctor determine when it might be safe for you to return to sports.
• Do not allow the injured person to return to the game — A first concussion may not be serious. It could be mild. When, however, it is followed by successive concussions the results could be extremely serious. ^{(20) (21)}
• Tell the coach — Coaches need to be aware of any recent concussions their players may have suffered. This helps prevent further injury and ensure players are at their optimum performance levels.

Treatment and Prevention

The key to concussion treatment and recovery is mental and physical rest. After a few days, the injured can engage in supervised “subthreshold aerobic exercises” if they do not worsen symptoms. Exercise can be gradually increased in time and intensity, as tolerated. Examples of appropriate exercises include walking, jogging, or riding a stationary bike. ⁽²²⁾

The best prevention includes use of proper equipment such as helmets. It is also important to train and encourage athletes to use safe sport techniques. Educational programs can also help prevent sports injuries. ⁽²³⁾

Long-Term Effects of Sports Concussions

Potential long-term effects from sports concussions can be very serious. Even more concerning, repeated concussions can increase the risks of developing neurodegenerative conditions later in life. ⁽²⁴⁾

Successive concussions can lead to post-concussion syndrome (PCS), Alzheimer’s disease (AD), or chronic traumatic encephalopathy (CTE). Researchers have found PCS increases the risks for development of Alzheimer’s and CTE. ⁽²⁵⁾

Alzheimer’s is a form of dementia or memory loss. It affects memory, thinking, and behavior. There is no cure, and it worsens over time. ⁽²⁶⁾

CTE is caused by repeated head injuries. Many athletes, especially football players, develop the disease much later in life. CTE “causes the death of nerve cells in the brain, known as degeneration. CTE gets worse over time.” CTE can only be diagnosed after death and during an autopsy, according to the Mayo Clinic. ⁽²⁷⁾

Filing a Sports Concussion Lawsuit

When filing your sports concussion lawsuit, it is important to determine who is accountable for your injury. This can include coaches, trainers, school districts, and any other person or organization who may be liable for a debilitating injury.

These considerations are part of the reason this type of legal case is complex. An experienced personal injury attorney is able to focus on all the potential individuals or groups who may bear responsibility in your case. This helps in achieving an optimal outcome.

Weitz & Luxenberg attorneys have years of experience helping clients with personal injury cases, including cases involving children. We have a team of lawyers who are dedicated to obtaining the best possible results for our clients. And they all believe in seeing cases through — from start to finish.

How W&L Can Help

Our attorneys are dedicated, compassionate, and experienced. And they have a winning track record to prove it. Here are just a few of our many successes in other personal injury cases:

• Six figure settlement for elderly woman who suffered head injury from falling luggage during flight.
• A $13.34 million judgement for victim with baseball bat head injuries from a vicious Queens bar attack.
• Multimillion dollar settlement for man suffering traumatic brain injury after fall from an apartment building.