When someone is injured, especially children, due to the negligent or careless conduct of another person (or organization), it’s important that they be held responsible for their actions. It helps prevent future injury to that child and ensures that the entity responsible can no longer hurt people in the same way. The court process helps deter others in similar situations from allowing such carelessness, which has a direct effect on protecting others from similar injury. Perhaps most importantly though, filing a lawsuit against those whose negligent conduct caused your child’s injury is the only way you and your child can obtain compensation (via the tort system) for the losses that were sustained.
Determining Liability in Brain Injury Cases
In general, you can sue anyone who had a part in causing your child’s injury. Without knowing more of the details, it’s impossible to say who you can sue and definitely win. Among the possible choices would be, for example, the school, which might have supplied bad football helmets. If the coaching staff had the kids running at each other full speed and cracking their heads together, you could sue the coaching staff for negligent or reckless playing practices, especially in light of the recent NFL concussion lawsuits.
If the athletic association responsible for hiring these coaches hired people with no experience (thus leading to your child’s brain injury), then you may be able to sue the association. If the football helmet your child was wearing flew off before he was hit, and that particular type of helmet was known to fly off during tackles, then you may be able to sue the helmet manufacturer for poor helmet design. Similarly, if there was some problem with the field, you may even be able to sue the landowner of the playing field for negligence.
Getting Help
Whatever the situation, you should speak with an experienced personal injury attorney first. Because there is a statute of limitations (deadline for filing in court that begins tolling after the injury, and is different for every type of lawsuit), you should contact an attorney right away. An attorney will help you sort through the circumstances behind the injury and the persons who may be responsible. A personal injury attorney can also ensure that you and your family get the compensation you deserve.