Payouts to brain injury victims could still be delayed by appeals.
Last month a federal district court gave its final stamp of approval to a settlement agreement in a personal injury lawsuit brought against the NFL by over 5,000 former players. The lawsuit alleged that the NFL hid the dangers of concussions from players, resulting in many individuals developing severe neurological disorders due to repeated concussions in the course of play.
Though concussions are still not taken seriously enough by many people, a concussion is in fact a type of brain injury. In a developing body of research, concussions have been linked to many different problems including memory and attention deficits, sleep deprivation, and irritability, often lasting years after the injury.
However, the NFL settlement does not cover these more generic consequences of a concussion. Instead, it covers only a handful of severe neurological disorders, providing up to $5 million in damages for each qualifying player. The settlement also covers medical monitoring for all players to determine if they quality for damages and provides $10 million to be used for education about the risks of sports concussions.
Unfortunately, not all injured players are happy with the deal. About 200 players have opted out of the settlement in favor of pursuing their own lawsuits, and others may decide to appeal this settlement decision. An appeals process would further delay the disbursement of settlement funds to injured players, and it seems both side would prefer to avoid this.
The players were urged to pursue a settlement agreement rather than a trial as a time-saving measure, so that suffering individuals could get relief faster. However, the process has already been quite lengthy. A settlement was originally reached in August of 2013, but the judge in the case, Judge Anita B. Brody, helped to broker 2 important revisions to the agreement. First, she asked the NFL to uncap the total amount of damages that could be paid to players, and then she asked to remove the limit on spending for medical monitoring. As a condition of the deal, the NFL insisted that all retired players would be covered by this settlement.
Judge Brody has produced a 132-page ruling on the case, which is expected to provide a strong obstacle against appeals cases. If no appeals are filed in the next 30 days, players can file claims for benefits within 90 to 120 days. If appeals are filed, it could add 6 to 9 more months to the timeline.
Though a case of this scope will not likely be in your realm of experience, if you have a brain injury or other type of personal injury, you will face delays and hurdles in the process. Make sure you have an expert attorney on your side to help facilitate the fastest possible resolution to your case by hiring Fernando D. Vargas.
