When a Student Athlete Sustains a Traumatic Brain Injury

When students play sports in high school, they have an increased risk of receiving a brain injury. This is why you must always be aware of your child’s legal options if one of these life-changing injuries happens to them. The most common cause of brain injury in high school students is a concussion, which can occur even when a child does not lose consciousness. Some of the most common symptoms of this brain injury include nausea and vomiting, balance problems, sensitivity to noise, concentration problems, confusion, mood swings, and clumsy movement.

When your child has been injured, your first thought is that you might want to take legal action against the school; however, these cases can be vastly complicated, which is why you should always consult an attorney. Finding liability in these cases can be hard because it is hard to prove whether a coach or teacher was negligent, which is why courts will need a lot of evidence in your case. It is also very difficult to overcome school immunity for injuries that are suffered during activities.

Duty of Care 

To have a case, you must establish that the school owed your child a duty of care. You can show this by showing that the injury took place when the school or an employee was in charge of watching your child. You must also show that the school breached its duty of care by failing to protect your child, and that this breach caused the child’s injury. If you satisfy all of these aspects of negligence, you may still have complications in a case – because schools are protected under government immunity from lawsuits. These laws vary, however, and you have rights. Call us today at Maggiano, DiGirolamo & Lizzi to find out how we can help you after your child has sustained a personal injury. These cases are difficult to handle on your own and we are there to help!

2017-11-13T18:42:25+00:00