Sports-Related Head Injuries

Sports-related head injuries are a growing concern across all levels of athletics, from professional leagues to school sports. Concussions and traumatic brain injuries (TBIs) pose significant risks, impacting athletes of all ages. At Plaxen Adler Muncy, our Maryland head injury attorneys advocate for individuals who have suffered these injuries due to negligence, inadequate safety measures, or improper handling by coaches, schools, or sports organizations.

The American Association of Neurological Surgeons reports:

There are an estimated 1.7 to 3.8 million traumatic brain injuries each year in the United States, according to the CDC, of which 10% arise due to sports and recreational activities. Amongst American children and adolescents, sports and recreational activities contribute to over 21% of all traumatic brain injuries. Sustaining an injury while playing sports can range from a mild physical trauma such as a scalp contusion or laceration to severe TBI with concurrent bleeding in the brain or coma.

Types of head injuries

The most common types of sports-related head injuries include concussions, second-impact syndrome, and chronic traumatic encephalopathy (CTE). Each injury has unique characteristics and potential long-term effects on an athlete’s health.

• Concussions: Concussions are mild traumatic brain injuries that occur when a blow to the head or body causes the brain to move rapidly within the skull. Symptoms can include headaches, dizziness, confusion, memory loss, and sensitivity to light and noise. While many concussions resolve with time, repeated injuries can lead to more serious complications.
• Second-impact syndrome: This occurs when an individual suffers a second concussion before fully recovering from the first. Even if the second impact is mild, it can cause rapid brain swelling and is potentially fatal. The risk of second-impact syndrome underscores the importance of proper concussion management.
• Chronic traumatic encephalopathy (CTE): CTE is a progressive degenerative disease of the brain found in individuals with a history of repetitive brain trauma, including athletes involved in contact sports like hockey, boxing, and football. CTE can lead to cognitive decline, memory loss, mood swings, and behavioral changes, often manifesting years after the athlete retires.

Long-term consequences

The long-term effects of sports-related head injuries can be devastating. Athletes may experience persistent symptoms such as chronic headaches, cognitive impairment, emotional instability, and an increased risk of developing neurodegenerative diseases like Alzheimer’s or Parkinson’s. For young athletes, head injuries can disrupt academic performance, social development, and the overall quality of life.

Negligence and duty of care

Negligence arises when an individual or entity fails to exercise adequate care, leading to harm. In sports-related head injuries, several parties may be liable for negligence, including coaches, schools, sports organizations, and even equipment manufacturers.

Coaches and schools must ensure athlete safety by providing proper training, enforcing safety protocols, and addressing injuries promptly. For instance, allowing an athlete to return too soon after a concussion may result in liability for any further injuries.

Product liability

In cases where defective equipment contributes to a head injury, the manufacturer may be held liable under product liability laws. This could involve helmets or other protective gear that fails to meet safety standards. For a product liability claim to succeed, the injured party must prove that there was a defect in the equipment and that the defect resulted in the injury sustained by the athlete.

Assumption of risk

One of the challenges in sports-related injury cases is the doctrine of assumption of risk. This legal principle holds that individuals who voluntarily participate in sports are aware of the inherent risks and, therefore, cannot claim damages for injuries resulting from those risks. However, this defense has limitations. If the injury was caused by something beyond the ordinary risks of the sport—such as negligence or defective equipment—the assumption of risk may not apply. Our Maryland personal injury lawyers can explain this in more detail as each scenario will be case dependent.

The role of concussion protocols

Increased awareness of concussion dangers has led to the development of strict concussion management protocols. These protocols are designed to protect athletes by ensuring that they are properly evaluated and treated before returning to play. Failure to adhere to these protocols can result in serious consequences and legal liability.

Many sports leagues and schools now require baseline cognitive testing at the start of the season. If a concussion is suspected, the athlete’s cognitive function is re-tested and compared to the baseline to determine when it is safe to return to play. Ignoring or improperly administering these protocols can lead to legal action if further injury occurs.

State legislation on concussions

Maryland has enacted laws specifically addressing sports-related concussions, particularly in youth sports. These laws typically require education for coaches, parents, and athletes about the dangers of concussions, as well as mandatory removal from play and medical clearance before returning to sports.

For example, Maryland concussion protocol is as follows:

Any student-athlete suspected of sustaining a concussion shall immediately be removed from practice or play. B. Each school shall use the graduated return-to-play protocols instituted in the Policies and Programs on Concussions for Public Schools and Youth Sport Programs. C. The student-athlete may not return to play until the student receives written clearance after receiving an appropriate medical assessment.

Compensation in head injury cases

Victims of sports-related head injuries may be entitled to various types of compensation, depending on the severity of the injury and the circumstances surrounding the case. Common damages in head injury cases include:

• Medical expenses: This includes the cost of emergency treatment, ongoing medical care, rehabilitation, and any future medical needs related to your injury.
• Lost wages: If the injury prevents you from working, you may be entitled to compensation for lost wages and loss of earning capacity.
• Pain and suffering: You may be compensated for the physical pain and emotional distress caused by the injury.
• Loss of enjoyment of life: Head injuries can significantly impact your ability to enjoy life, participate in activities, and maintain relationships. Compensation may be awarded for this loss.

Sports-related head injury cases require knowledge and experience. Our Maryland traumatic brain injury attorneys work closely with medical experts and other professionals to build a strong case for our clients. This includes gathering evidence, such as medical records, witness statements, and expert testimony, to establish liability and demonstrate the full extent of the injury’s impact on the victim’s life.

It is also important to act quickly in these cases, as there are often strict deadlines for filing a claim – three years here in Maryland. In addition, early intervention allows for the preservation of critical evidence and ensures that the injured party receives appropriate medical care and support.

If you or someone you love has suffered a sports-related head injury, don’t wait to seek the justice and compensation you deserve. These injuries can have lifelong consequences, and the responsible parties must be held accountable. Contact the experienced Maryland personal injury attorneys at Plaxen Adler Muncy today for a free consultation. Let us help you navigate the legal process and protect your rights. Call or submit our contact form to schedule your free case evaluation at one of our offices across Maryland today.