Important Things to Know if You Plan to Bring a Personal Injury Lawsuit for a Sports-Related Brain Injury
If you or a loved one has suffered a brain injury due to sports, then you might have questions about your best way to move forward from a legal standpoint. The best way to get the answers you need and deserve is to contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation. You can also keep reading to learn the most important things you should know before deciding if you should move forward with your case.
There is a Statute of Limitations
You do not have an unlimited amount of time to file your personal injury case. The specific amount of time you have will depend on several factors of the case. For example, if the government is a defendant in the case, then you will have just six months to file with them. An average case involves a two-year statute of limitations from the date of the accident, but even that can be extended. For example, if the victim is not yet 18 at the time of the accident, or if you were not immediately aware of the injury, then the two-year statute of limitations can be extended.
We Must Be Able to Prove the Standard of Care
One of the several things you will need to prove is that the sports organization knew of the danger of the brain injury, and neither warned the victim nor attempted to protect them. This can be difficult, as the ways in which professional coaches should respond to concussions and head injuries is changing. However, there should be a protocol in place for every sports program and if that protocol is not followed, then they have not followed their duty of care.
Expert Witnesses Can Make All the Difference
Many people are shocked to learn just how much of a different an expert witness can make in any personal injury case, and this is especially true in a sports-related accident. An expert can show that the defendant’s actions (or lack of action) caused the injury. Experts can also quantify the impact of the injury to help the judge and jury understand what a fair amount of compensation would be.
Depending on the case, there might be need for more than one expert. For example, we might need to have someone testify to the standard of care that was in place at the time of the accident. Your attorney can determine the right professionals to speak at your trial.
You Need the Right Personal Injury Attorney
There is no question that you must have the right personal injury attorney. You can achieve this goal by contacting Law Offices of Fernando D. Vargas at 909-982-0707. We are happy to start with a free legal consultation so that you know what your options are. We can go over your case and answer your basic questions – just give us a call today.