Frequently Asked Questions About Sport Injury Lawsuits

1. What is a sports personal injury lawsuit?

A sports personal injury lawsuit is a legal claim filed by an individual who has suffered an injury while participating in a sporting activity due to the negligent or intentional actions of another individual or entity.

2. What types of sports injuries can lead to a lawsuit?

Any type of injury sustained during a sporting event can potentially lead to a lawsuit, including traumatic brain injuries, spinal cord injuries, broken bones, torn ligaments, and more. An experienced attorney, like the attorneys at Saltz Mongeluzzi Bendesky can help you navigate the hurdles and help you determine if the injury you, or your loved one, sustained can be pursued through a lawsuit.

3. Who can be held responsible for a sports injury?

The person or entity responsible for a sports injury will depend on the circumstances of the injury. Potentially responsible parties may include coaches, other players, sports organizations, and even equipment manufacturers.

4. What do I need to prove in a sports personal injury lawsuit?

To succeed in a sports personal injury lawsuit, you must prove that the defendant owed you a duty of care, that they breached that duty by acting negligently or intentionally, that this breach caused your injury, and that you suffered damages as a result. Further, you may need to establish that the action that caused the injury and the injury were not an inherent risk associated with the sport and that you are not precluded from bringing a claim based on the language of any waivers signed.

5. Do I need a lawyer to pursue a sports injury lawsuit?

While it is possible to pursue a sports personal injury lawsuit without a lawyer, it is highly recommended that you hire an experienced attorney to guide you through the legal process and help you build a strong case. Sports injury lawsuits can include complex legal issues such as whether the action that caused the injury and the injury were inherent risks associated with the sport and if there is a signed waiver and the language of said waiver which may lead to the preclusion of any claim. The attorneys of Saltz Mongeluzzi Bendesky have experience navigating and litigation those issues.

6. How long do I have to file a sports personal injury lawsuit?

The statute of limitations for filing a sports personal injury lawsuit varies by state, but in most cases, you must file your lawsuit within two to three years of the date of the injury. By way of example, Pennsylvania and New Jersey have a two year statute of limitations for sports personal injuries. Because of this, it is important to contact an experienced attorney early so they can assist in pursing your claim.

7. Can I still pursue a lawsuit if I signed a waiver or release of liability?

In some cases, a waiver or release of liability may limit your ability to pursue a sports personal injury lawsuit. However, this will depend on the specific terms of the waiver and the circumstances surrounding your injury. The attorneys at Saltz Mongeluzzi Bendesky have extensive experience litigating issues related to signed waivers or releases of liability.