Exciting news!
Our firm is thrilled to announce a successful verdict in the case of Michaud et al v. United States. The judge returned a decision of over
$10.5 million in favor of our clients. This verdict is the
highest recorded verdict in Federal Court in the state of Utah. This is a
huge victory and a testament to our commitment to
fighting for justice.
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Football Concussion Injuries: Who’s Liable?
Read the blog from Frank Penney Injury Lawyers in Roseville, CA below.
Football fans may have heard about the many legal battles fought against the NFL and NCAA this year and in very recent years. Concussions and other brain injury accidents are very common among athletes, so where did the controversy come from?
Awareness of a progressive degenerative disease called chronic traumatic encephalopathy (CTE) began in the mid-1990s. CTE is caused by repeated blows to the head, such as those that occur in football, boxing, and rugby. Symptoms typically appear 8-10 years after the period of head trauma and include:
- memory loss
- confusion
- impaired judgment
- loss of impulse control
- aggression
- depression/suicide
- anxiety
- progressive dementia
Since the disease is definitively diagnosed post-mortem, knowledge of its prevalence has unfolded gradually.
In late 2014, researchers with Boston University announced that in
autopsies of 79
brains of former NFL players, 76 had tested positive for CTE.
As of November 2016, 90 of 94 former NFL players had been
diagnosed post-mortem with CTE.
Brain Injury Risks May Have Been Covered Up
In 1994, the NFL formed the Mild Traumatic Brain Injury (MTBI) Committee for the purpose of studying the effects of concussions and sub-concussive injuries in NFL players. However, the chair of the committee was admittedly under-qualified and the collected data was discovered to be “deeply flawed“.
The NFL ended a
class-action lawsuit brought by 4,500
personal injury claims with a $900 million settlement. Their willingness to settle out of court for such a high amount has led many to speculate what other
incriminating information might have been uncovered in court.
Justice for Brain Injury Accident Victims
There are still numerous lawsuits pending against the NCAA. It’s alleged that schools and conferences have known for years about the harmful long-term effects of sports-related concussions, but concealed the information in order to maintain a high profit. They have been accused of encouraging players to return to the game after suffering concussions.
Though players must typically sign a release acknowledging the dangers of high-contact sports, “waivers of liability and releases don’t relieve a proprietor from liability due to wanton or willful misconduct”, to paraphrase a judge in
this article.
Is Your Child at Risk for a Sports-Related Concussion?
Unfortunately, concussions are extremely common with high school athletes who suffer thousands of them every year. Football accounts for 47 percent of all reported high school sports concussions, with ice hockey and soccer following up.
The
Center for Disease Control researched and released the following concussion-related statistics:
- 3,800,000 concussions were reported in 2012, double what was reported in 2002
- 33% of all sports concussions happen at practice
- 1 in 5 high school athletes will sustain a sports concussion during the season
- 33% of high school athletes who have a sports concussion report two or more in the same year
- 4 to 5 million concussions occur annually, with
rising numbers among middle school athletes
A concussion is identified when the individual’s mental status changes as a result of trauma (usually a blow to the head). A person who shows signs of mental confusion has likely suffered a concussion. Signs and symptoms of a concussion may include:
- Headache or a feeling of pressure in the head
- Confusion or feeling as if in a fog
- Amnesia surrounding the traumatic event
- Dizziness or “seeing stars”
- Ringing in the ears
- Nausea, vomiting
- Slurred speech
- Delayed response to questions
- Temporary loss of consciousness
- Appearing dazed
- Fatigue
When a concussion is suspected, the symptoms should not be ignored. Do not allow your child to return to play until he or she has been medically evaluated by a qualified health care professional.
If you or your child has
already suffered from a sports-related injury, it may have been due to
negligence on the part of the school, the conference, or the coach. Contact our office for a
free consultation with an experienced brain accident lawyer.
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Our legal team understands that life can be very stressful after an accident of any type. The financial costs of your accident can add to that stress. When you are asking for help, this should make your life easier – not more difficult. That is why you do not have to worry about any upfront legal fees and expenses when you hire Frank Penney Injury Lawyers to handle your California personal injury case.
At Frank Penney Injury Lawyers, Frank Penney and his staff work on a contingency basis. This means you only have to pay a fee if you win your case. We will never charge a fee unless we obtain a settlement on your behalf. No win. No fee. Case closed.
This means there is no risk in asking Frank Penney Injury Lawyers for help. You get to benefit from Frank Penney’s years of experience, knowledge, and success without needing to stress about the cost. Call today to set up a free initial case assessment or to learn more.
When I first contacted the Law Offices of Frank D. Penney after my accident, I was frustrated with car insurance companies, and medical insurance companies; after all, I was in pain. He and his staff put me at ease instantly! It was such a relief to have someone working on MY BEHALF! They were able to settle my case for more than I initially thought it was worth. THANKS AGAIN!!!
- KRISTA H.
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If you are involved in any type of personal injury due to the fault of someone else, our experienced team at Frank Penney Injury Lawyers in Roseville, CA can help. We are available to anyone in Northern California 24/7! Give us a call today to learn more at 888-888-0566. We will fight for your rights!
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