Helping Tennessee Victims of Sports-Related Brain Injuries
Protecting clients when they need us most, from offices in Nashville, Hendersonville and Knoxville
Sporting activities can play a significant role in a child’s growth and development. Playing sports gives a child the chance to learn how to work together as a team, the chance to excel in a fun activity, and the ability to lose with dignity while learning valuable life lessons. Sports are also a lot of fun and great way for kids and adults to get exercise whether they play outdoors or indoors.
But sports go hand-in-hand with the potential for serious injuries. When that happens, you want an experienced Nashville traumatic brain injury attorney by your side. At the Rocky McElhaney Law Firm, our work is fighting on behalf of our injured clients. We hold those responsible for your or your child’s injuries accountable and we get compensation for your losses. With offices in Nashville, Hendersonville and Knoxville, our “Gladiators in Suits” are always right there when you need us most.
What you should know about sports injuries and the brain
The Centers for Disease Control and Prevention reports that each year there are between 1.6 and 3.8 million sports and recreation-related concussions each year in the United States. Traumatic brain injury (TBI) is a leading cause of injury and death in sports – and sports accounts for nearly 21 percent of TBIs among children and adolescents. Recent news stories show a correlation between playing games like football and chronic traumatic encephalopathy, or CTE, a form of brain damage that has bene linked to changes in behavior, suicidal thoughts and tendencies and dementia.
While football is having its day in the sun, other sports put your child at risk of a serious brain injury as well. Some of the more dangerous sports include:
- Mixed martial arts
Any sport that increase your child’s chances of being hit, punched or kicked in the head increase your child’s chance of being seriously, permanently hurt.
The enforceability of liability waivers
Most parents and sports participants are familiar with liability waivers, which is a document that the parent must sign before their child will be permitted to participate in the sporting activity. In general terms, when the parent signs the document they are agreeing to release the organization from liability for injuries that the child could suffer as a result of participating in the activity. If a parent has signed a waiver of liability can they still file a negligence lawsuit if their child is injured?
Not every liability waiver will be upheld in court. The enforceability of the waiver depends largely on the language included in the waiver. Many sports teams or organizations may re-use “boilerplate” waiver forms without consulting with an attorney to make sure that they comport with local laws. In certain cases under Tennessee law, waivers can be found to be valid, and in other cases may be challenged in court.
This points out the vital importance of working with one of the experienced Nashville traumatic brain injury lawyers at the Rocky McElhaney Law Firm. We know the laws which govern Tennessee and we know when a waiver has no standing. We also know how to fight it out with your insurance company when they don’t want to pay your claim. If your child is suffering a traumatic brain injury because of a sports-related incident, we want to help you get what you need quickly, so your child can begin to heal.
Contact our knowledgeable Nashville sports injury attorneys to discuss your case today
If you or your child has suffered a sports-related injury, we are ready to consult with you and offer legal guidance about your situation. Don’t let the insurance company walk all over you and devalue your claim. Call the Rocky McElhaney Law Firm today at 615-425-2500 or fill out our contact form to make a no-obligation appointment at one of our offices in Nashville, Hendersonville or Knoxville. We fight for you.