What Every Colorado Springs Parent Should Know About High School Sports Injury Lawsuits
With the weather turning cooler and the leaves falling from the trees, one thing matters more than most: Hockey season. Although there’s almost nothing better than a high school hockey game, if your child plays the game, then one of your major concerns might be what legal options you’ll have after your child suffers an injury.
Unfortunately, high school sports injury cases are often extremely difficult, and too often, these cases result in a dismissal. Learn more about the various factors involved in a high school sports injury lawsuit and find out why your family should consult with a personal injury attorney.
Negligence is Hard to Prove
The biggest responsibility in any personal injury suit, including those involving high school sports injuries, is proving that negligence of one party was the driving forces leading to the injury. In normal suits, this can be difficult to prove, and this difficulty only arises when it comes to high school sports injuries.
In a contact sport, such as hockey, injuries are bound to occur, even with the proper precautions. Due to this, proving negligence in a high school sports injury can be almost impossible, and without negligence, you will have a very tough time winning you case.
Waivers and Risk Assumptions
As previously mentioned, there is a certain assumption of risk when participating in a contact sport, and this assumption will be one of your biggest obstacles in winning your high school sports injury case. Even if there is some degree of negligence that is provable, the defense may attempt to claim that the knowledge that hockey or other contact sports are inherently dangerous excuses the negligence of the coach or the institution.
In addition, many schools require student athletes to sign some sort of indemnity waiver before being allowed to play any sports. If such a waiver exists, then it’s likely your case will be dismissed out of hand, as these forms completely protect schools from liability.
Circumstances Where a Case is Warranted
As you can see, there are a number of obstacles that may cause your high school sports injury case to be dismissed before it even gets underway. However, there are certain circumstances that may allow your case to continue to trial.
Despite the existence of a waiver, the coach and educational institution still have a responsibility to keep your child as safe as possible. If you find that a coach has allowed a preventable situation to injure your child, such as not providing adequate safety gear or forcing them to continue playing while already injured, then you may have a strong case.
Before taking any action against the coach or school, you should make sure to discuss your legal options with a personal injury attorney familiar with high school sports injuries.
Consult a Personal Injury Attorney
If your child has been injured while playing contact sports for their school, their future health and livelihood may be at risk. To make sure your child gets the compensation they deserve after a high school sports injury, you need to work with a personal injury attorney from Heuser & Heuser, LLP.
We can fight for you to make sure your child gets justice after their injury. Get in touch with us today to discuss the facts of your child’s case.
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Frequently Asked Questions
How Do I Know What My Case Is Worth?
There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We look at what sort of injuries you sustained. Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills? We look at lost wages. Did you lose your job? If you have permanent work restrictions as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.
Why is it Important to Hire a Lawyer?
Insurance companies are in business for a reason: to make money. Anytime they are paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks. Quite frankly, you do need a lawyer to help you through this because your lawyer will make sure you’re properly compensated.
Do Cases Settle Without Going to Court?
Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.
Do You Get Good Results for Your Clients?
We do get good results for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements. We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases. We’ll do whatever it takes to make sure our client is taken care of.
See What Our Clients Say
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Our Attorneys
Gordon J. Heuser, Esq.
As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…
Barkley D. Heuser, Esq.
Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…
Brennan D. Heuser, Esq.
Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…
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