Jacksonville Sports Injury Lawyers
Serving Jacksonville, Jacksonville Beach and Clients Throughout Florida
Sports’ injuries are any type of injury that you can sustain while participating in a sport or athletic event. There are two basis claims you need to file a sports-injury lawsuit:
- One caused by traumatic impact
- One caused by the overuse of a body part
Under tort laws, the sports injury section encompasses a broad variety of injuries – including broken bones, brain injury, joint issues, and even muscle sprains.
If you are filing a sports injury you do not need a disabling injury, but you do need one severe enough to encounter damages. You cannot, however, file a claim for overexertion if you did it to yourself and you were not forced by a third party (such as a coach).
Because sports injuries are very difficult cases to litigate, you need the expertise of a skilled Sports Injury attorney so that you can claim your compensation in the right way.
How Sports Injury Claims Work
Sports are inherently dangerous and therefore, physically demanding. While some will always involve a degree of risks, such as contact or extreme sports, there is an exception to the “accepted risk” rules.
Florida Courts must assume that as a participant, you are willing to take on some injuries. After all, you may have even signed a liability waiver before signing up for the sport.
But, that does not mean that you will not have an injury claim. Instead, courts will need to see proof of negligence by someone else to prove that you have a valid injury claim from your sports-related injury.
Types of Theories Used in Sports Injury Cases
There are two legal theories used in sports injuries:
- Willful conduct
Negligence is based on most non-contact type sports, such as golf, track and field, or even tennis. These sports do not require anyone to come into contact with other players.
In contact sports, such as football, the injured must prove that the conduct by the defendant was willful to hold them liable for their actions.
Negligence – If a player or coach is negligent and causes another person’s injury, they are liable for any damages due to that negligent act.
But, you will need to furnish proof that the other player breached their duty of care and caused your injuries or that your coach caused your injuries. For example, a player fails to follow the rules of the game and therefore, causes your injury.
Willful Conduct – There are exceptions to the “contact sports” rule. That means someone can be liable for your injuries if they acted willfully – such as using excessive force in a sport that does not necessarily need it. For example, starting a fistfight after a football call.
What Are Your Options for a Sports Injury Claim?
To file a sports injury lawsuit, you will want to seek compensation for your injuries through monetary awards. If the defendant is held liable, they can be required by the courts to reimburse your current and future costs for things like:
- Medical expenses
- Physical therapy
- Lost wages
- Loss of earning capacity – if you are no longer able to work
You may also be able to file a claim for pain and suffering and get additional compensation for that suffering.
Hire an Experienced Sports Injury Lawyer for Your Sports Injury Claim
Sports injury lawsuits are one of the most difficult to prosecute. That is because it is hard proving that someone injured you outside of the assumed risk of the sport.
Our Sports Injury Lawyers at Hardesty, Tyde & Ashton, P. A. have years of experience handling these types of cases. We fight aggressively for your right to compensation.
After all, just because you play a sport does not mean that others have the right to act negligently.
Contact us today to get started with your personal injury claim. There is no obligation for meeting with us and we will come to you or you can meet us at one of our two Jacksonville locations.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)