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Sports Then and Now

Sports Injuries: Who’s at Fault and Why?

Posted on May 28, 2017 by Dixie Somers

sports-injury-2Sports injuries happen regularly, whether they are in organized sports programs or just playing a simple game of pick-up basketball. Sports injury claims can often be problematic for the injured party in very serious situations when specific claim factors are considered by a respondent insurance company. Regardless of what transpires that produces an insurance policy injury claim, the insurance company adjusters will still investigate the claim diligently looking for reasons to limit coverage. In some instances, the only coverage is for medical bills. The can result in the necessity to consult with a personal injury attorney concerning injury compensation because details always matter in any personal injury claim.

Case Specifics

In the event that a sports injury claim goes to court, the injured claimant legal counsel must prove the injury occurred either due to the negligence of the property owner for the safety of the injured party or by intentional act. Many times insurance companies even deny claims that are the result of an intentional action by the property owner or individual in charge. How an injury occurs is important in every instance, and limitations on coverage could be largely dependent on which form of comparative negligence your particular state uses. Assumption of personal risk is always a consideration in sports injury claims because most athletic activities are personal choices by the injured party. Actually, in organized sports injuries, waivers on legal claims are often a component of the sign up process, so claims could be limited by agreement of all involved parties.

Comparative Negligence Limitations

It is entirely possible that responsibility for a sports injury is eventually assigned to the injured party. All personal injury cases will include evaluation of the actions of all parties, including the injured claimant. Some states use modified comparative negligence law that allows insurance companies to reduce the total value of a claim according to the comparative negligence percentage of the claimant. Depending on state law, a percentage of either 50 or 51% could result in a claim denial of responsibility by the respondent insurance company. Three states plus the District of Columbia do not allow personal injury lawsuits in any form if the injured party is even 1% responsible for their own injury. In states that use pure comparative negligence law, a valid claim will still be reduced according to the percentage of personal contribution to the accident by the injured plaintiff.

It is clear that being compensated for a personal injury resulting from sports activities can be complicated and often well-defended. This does not mean that an injured party cannot be compensated for damages when the factors of a case warrant, such as a wrongful death claim following an overheated practice or gross negligence associated with an unreasonable training session. It is always important to discuss the potential of a claim that could result in a lawsuit with an experienced personal injury attorney who understands the possible outcome of a sports injury case.

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