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Who is Responsible for a Brain Injury Suffered by a High School Athlete?

There’s been a lot of attention on sports injuries in recent years, and we’re happy to see that at Law Offices of Fernando D. Vargas. However, most of the attention has focused on professional athletes. What about high school athletes? Are their schools doing enough to protect them? Are they doing anything at all? Who’s responsible if they do suffer from a brain injury while playing in a high school game?

The simple answer is that schools aren’t doing enough. Some studies have been following the stats and they’re not good. According to Purdue University’s recent exhausting study, more than 67,000 high school and college football players suffer from a concussion each year. Note that this is only the ones that seek treatment and are diagnosed. In many cases, they get no treatment and it is left undiagnosed. This could bring the actual total much higher.

Who is monitoring these injuries?

Most schools barely have the budget for their sports teams, let alone a part-time athletic trainer – or the full-time trainer they should have. As a result, coaches are typically the ones who must keep an eye out for symptoms of concussions.

Last year, the governor of California signed a bill that that requires all coaches to go to training that teaches them about how to spot a concussion. They must do this training every other year, and the hope is that coaches will be more aware both of what to look out for, and the potentially devastating consequences of not catching one.

What to do if a concussion is suspected

With many injuries, there are a number of steps that must be taken and a number of potential ways to move forward. This is not the case with suspected concussions. If you have reason to suspect that your child has suffered from a concussion then you need to get them immediate medical attention.

Who is liable for these injuries?

One of the complicated things about brain injuries is that they can be tricky to diagnose. They also affect everyone who suffers from them differently. Additionally, some athletes are required to sign waivers before they play that state that their high school or college isn’t responsible for any injuries, brain or otherwise. As a result, it can be a challenge to determine who is legally responsible for a brain injury that’s sporting related.

However, in some cases, Law Offices of Fernando D. Vargas can argue that even though a waiver was signed, that player wasn’t capable of truly understanding the potential consequences. Additionally, new laws that have been passed make it easier to put the liability on the coaches who don’t respond correctly to the injury. For example, if a coach puts an athlete back in the game after that athlete has a head injury, then that coach could be responsible.

If you or a loved one has suffered from a brain injury as a result of a non-professional sport, then you need to speak to a personal injury attorney. Contact Law Offices of Fernando D. Vargas today at 909-982-0707 for your free consultation.