Sports Injury Advice from NY Sports Accident Lawyers

What is a Traumatic Brain Injury?

Posted on: July 18th, 2019

Traumatic brain injury (also known as “TBI”) is a complex injury that can result in a broad spectrum of symptoms and disabilities. The impact from a TBI on a person and his or her family can be devastating because oftentimes the injured person is no longer able to do everyday things that once seemed routine. Additionally, significant financial needs often arise as a result of TBI. From not being able to work to paying for the expensive treatments and therapies necessary to help the injured person reach their maximum level of recovery, TBI can be financially overwhelming.

As personal injury lawyers, we’ve represented numerous clients who have suffered a traumatic brain injuries from accidents that were not their fault. In order to better educate the public, we’ve compiled the following information about TBI, including causes, sign & symptoms, recovery, and getting the legal help you need if you’ve been impacted by TBI to get the compensation you deserve. (more…)

Brain Trauma & Concussions in Youth Sports Leagues

Posted on: June 18th, 2018

child in a blue jersey and a white football helmet on a football field Chronic Traumatic Encephalopathy (CTE) is the degenerative brain disease that is linked to repeated blows to the head. Although there has been a lot of publicity involving CTE being diagnosed in retired NFL football players, this disease is not only limited to professional athletes and sports known for violent collisions. It can even develop as the result of concussions and head injuries sustained during youth sports.

Concussion Risk in Youth Sports

Many parents that are signing children up for youth league sports like soccer, hockey, and football must sign waivers/releases acknowledging the risk of concussions.

It’s important to understand the severity of concussions, their potential long-lasting impacts, and the signs and symptoms that indicate that your child may be suffering from a serious head injury. (more…)

Injured as a Spectator at a Sporting Event: Can You Sue?

Posted on: March 16th, 2018

baseball and home plate in sand on the baseball field It is not uncommon during a game to see a fan struck when a foul ball or broken bat goes flying into the stands. However, in most circumstances, courts routinely deny recovery to spectators struck by batted balls and other flying objects, such as broken bats, hockey pucks, footballs, or debris.

Most courts have adopted what is commonly known as “the Baseball Rule,” which asserts that foul balls are a common part of the game that can reasonably be expected and anticipated. As a result, fans struck by flying objects have assumed the risk of their injuries and will usually not be able to pursue an action. (more…)

Safety Tips for Winter Sports

Posted on: January 23rd, 2018

A group of 5 young skiiers There are many recreational activities to participate in during the winter season, including skiing, snowboarding, sledding, ice skating and more. Unfortunately, treacherous winter weather and the nature of some of these activities results in the risk of injuries among adults and young children alike.

In 2013, more than 47,000 people were treated in emergency rooms for injuries related to sledding, ice skating and snowboarding. What’s perhaps more surprising is that the majority of these winter sports injuries could have been prevented. (more…)

When Should You Call a Sports Injury Attorney?

Posted on: August 23rd, 2017

Young football players Fall is just around the corner, which means many of us and our family members will soon be involved in school and recreational sports. Most of these sports present a risk of injury, sometimes serious.

Football injuries are, of course, very common. Other sports such as lacrosse, soccer, racquetball, and even track all present a risk of injury.

In addition, skiers and snowboarders will start hitting the slopes in the winter, creating opportunities for winter sports injuries, including collisions with other snow enthusiasts.

Sports injuries can be costly, both in terms of medical bills and income lost while convalescing. They are also often quite painful and debilitating.

But what happens if you’re injured because of the actions or conduct of another participant in the sport? Can you sue them? Are you entitled to any damages from them? (more…)

Harmed in a Skiing or Snowboarding Accident? Contact the Attorneys at Maynard O’Connor

Posted on: December 22nd, 2014

With the winter months quickly approaching, lots of us are eager to get back to the mountains. Upstate New York has many fantastic ski resorts, such as Belleayre Mountain, Catamount Ski Area, Gore Mountain, Hunter Mountain, Whiteface Mountain and Windham Mountain, to name a few.

If you’re injured while skiing or snowboarding, you may wonder, whether you can sue the ski resort or the other skier or snowboarder who caused your accident? Although skiers and boarders assume certain risks associated in these sports, a ski resort or another skier/snowboarder may be held responsible in certain circumstances.

A resort may be held responsible if it has unreasonably increased the risk of injury, created an unknown or unexpected danger, or failed to address a known risk. Ski resorts are responsible for maintaining a safe skiing area, and marking potential hazards to skiers and snowboarders. Ski resorts must also maintain and operate their ski lifts safely to avoid serious accidents.

It is the responsibility of all skiers and snowboarders to ski/ride safely, under control and to avoid collisions whenever possible. Another skier or snowboarder can be held liable if she or he acts recklessly and causes a collision or accident.

If you are injured on the mountain, contact the attorneys at Maynard O’Connor for a free consultation. Call 800-721-3553 or send us an email.

The Case Against the NFL: Mild Traumatic Brain Injury Can Have Devastating Effects

Posted on: November 24th, 2014

The following is an outline for the mechanisms of damage from minor head trauma:

A mild traumatic brain injury occurs when the skull is pressed into the brain
The impact damages blood vessels lining the skull, causing some to burst or leak
The body responds, in part, by producing molecules called reactive oxygen species, which mistake the injury for the intrusion of a foreign body

Useful at fighting bacterial infections, such as E.Coli, the reactive oxygen species swarm around the injury and instead of healing it, cause damage by tearing up the glial limitans within membranes separating the brain from the fluids around it. Fluids carrying reactive oxygen species from the damaged blood vessels leak through the new holes in the membrane and come into contact with brain tissue, destroying it.

It is believed that this process is what plays a fundamental role in the development of chronic traumatic encephalopathy, the disease that has been found in the autopsied brains of deceased retired NFL footballs players which has led to litigation against the NFL by thousands of former players who sued over the alleged mistreatment of concussions for decades by NFL doctors. CTE and the concussion epidemic are the reasons the MFL has agreed to pay $765 million to those players.

The NFL has stated in federal court documents that it expects nearly 1/3 of retired players to develop long term cognitive problems and that the conditions are likely to emerge at a younger age than in the general population.

Despite the NFLs disputes over the years against evidence that its players had a high rate of severe brain damage, the findings were found and prepared by actuaries hired by the league and provided to the United States District Court Judge presiding over the settlement between the NFL and 5,000 former players who sued the league, claiming that it had hidden and downplayed the dangers of concussions from them.

The findings are forecasting that the players will develop these long term cognitive problems at a notably younger age than the general population. The findings also confirm what scientists have said for years: that playing football increases the risk of developing neurological conditions like chronic traumatic encephalopathy, a degenerative brain disease that can only be identified in an autopsy.

Due to this research, the league may be pressured to acknowledge the connection between football and brain diseases. However, an NFL spokesman’s lawyer said the findings were inflated due to the fact that they were solely based on medical diagnosis reported by the players who sued the league. He said the findings do not reflect the prediction of the number of players who will suffer traumatic brain injuries. They are intended to show the Court that even if unexpectedly high numbers of players were injured, there still would be sufficient money to play the claims.

The actuarial numbers were released by the NFL and representatives of retired players who are suing the league.

Does Assumed Risk of Injury When Engaging In Sports Or Recreational Activities Apply to All Risks and Injuries?

Posted on: April 7th, 2014

Golfer getting ready to hit the golf ball Most individuals would assume (correctly) that, when engaging in a sport or recreational activity, he/she consents to certain risks inherent to that activity.

For example, when playing golf, one generally assumes the risk of being hit by an errant golf ball. While everyone wishes they were Tiger Woods, the vast majority of golfers are more like Al Czervik. If you have been playing golf for any amount of time, you have either been hit, come close to being hit or seen someone else be hit with a golf ball.

Even if another golfer fails to warn you that they are about to hit a shot and accidentally injures you with a “shanked” shot, New York courts generally will not hold that person liable for your injuries because this is a commonly appreciated risk of the game. However, this does not mean all risks of golfing, and other sport and recreational activities are assumed by the participant. (more…)

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