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Personal Injury
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Our daughter was an outstanding, highly respected gymnast, an Olympic-medal contender, but since her bicycle accident, she no longer can participate in gymnastics. Can she receive damages for this loss?

"These damages are difficult to prove. Nobody can see into the future, and the other side will argue that your daughter might have given up gymnastics on her own, that she might not have won an Olympic medal, or that even winning an Olympic medal wouldn’t have guaranteed a particular income for your daughter. However, she has lost the enjoyment she got from gymnastics, which can be compensated, and additional damages may be available because it was so much a part of her life and she did have a greater talent for it than the average child.

In most jurisdictions, the person who caused the accident takes the injured person as they found them – in other words, although the person who caused your child’s accident may not have anticipated ending a potential Olympic gymnastics career when the accident happened, that result is what he or she is now liable for. However, you will need to prove the level of involvement that your daughter had in the sport, probably through coaches, other gymnasts, any competitive wins or ratings that your daughter received, and similar evidence. You will also need to prove that she will never again be able to perform to that level, probably through the testimony of medical experts. Your daughter herself will be the best witness as to what this means to her in terms of emotional distress, although you may also be called upon to testify as to what you have observed since the accident.

This type of case definitely requires the services of an experienced personal injury attorney who can help evaluate your case in terms of damages that might be received and strengths and weaknesses of the case. You need to consult with an attorney as soon as possible.

Also read our section on pain and suffering for more information.

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