Sports Injury Lawyer

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Sports are a popular pastime for many Canadians. They are also a great career choice for those with passion and skill for the game. While designed to be a fun and safe activity, sports injuries are not uncommon. These incidents are often preventable, but once they happen, it is impossible to turn back the clock on the injuries a player might sustain.

Pursuing Compensation for a Sports Injury

If you are injured in a sports accident, it is possible to recover fair compensation that can help to pay your medical bills and potentially replace your lost income. Even if your child was injured as a result of sports, there can be compensation available to them to help aid in their recovery. It may be in your best interest to speak with our team of experienced sports injury lawyers to determine whether the circumstances of your or a loved one’s injury warrant legal action.

How to Determine Liability for a Sports Injury

In 2022, there were more than 6,000 people hospitalized in Ontario as a result of sports injuries. It is important to note that when you agree to participate in any kind of sport, you are also assuming the risk that you could be injured. As a result, many athletes and individuals believe that when they get hurt, it is simply a part of the game. However, someone else could be liable for what happened to them. Liability for a sports injury may fall on the following parties:

Equipment Manufacturers

Sports equipment needs to meet stringent quality control standards. Companies that produce sports equipment routinely test their products to ensure they are safe, but sometimes a piece of equipment could be defective. When playing a contact sport with faulty equipment, you may be more severely injured than if the equipment worked properly. In some instances, the defect could be why you’ve been injured.

Coaching Staff

Your coaches are entrusted to teach you the proper techniques of any sport and to guide you as you train to compete. They are instrumental in ensuring you have the right gear to perform and follow a dedicated training program to help you reach pinnacle condition. Coaches may make choices for you that are not in your best interest and could be held liable if you are injured due to their decisions.

Other Players

The intention of other players on the field can go a long way toward proving potential negligence. If it is evident that another player went out of their way to hit you, trip you, or cause harm to remove you from the game, you could hold them accountable for their reckless actions.

Practice and Game Facilities

You have the right to practice and perform at safe venues. It is up to the owners of sports facilities to repair any ground damage that could cause sports injuries. A common example is when the field is poorly maintained, and athletes suffer injuries because they run over uneven patches of grass that could have been filled in before a game.

What to Know About Waivers and Release Forms

Many sports organizations require athletes to sign waivers or release forms that can make it difficult for them to be held liable for any injuries on their property or through their programs. Even if you signed one of these forms, they cannot legally exclude negligence, which means you can still bring forth a lawsuit if you can prove that someone breached their reasonable duty of care before you got hurt.

How a Sports Injury Can End a Career

If you earn a living by playing sports, a single injury can end your season or keep you from ever returning to the game you love again. While acute injuries happen suddenly, chronic injuries occur over time, limiting your range of motion.¹ Ultimately, either type of injury may force you to leave the sport and cause you to sacrifice your potential future income. In some cases, you may need several healthcare professionals working together to help put you on the right road to recovery.² Many athletes may force themselves to return to play, causing further harm to their health in the process.³ Others leave their careers because they cannot return to their previous physical condition following an injury.

How Bergeron Clifford Can Help

Our dedicated team of sports injury lawyers has a proven track record of consistently securing fair compensation for our clients since 1999. Many of our lawyers have a strong background in sports, including Chris Clifford, who is a former professional goaltender with the Chicago Blackhawks and Pittsburgh Penguins organizations. He has seen firsthand the impact of sports injuries on individuals and their families.

If you find yourself grappling with the aftermath of a sports-related injury caused by another party’s negligence, you may be entitled to financial recompense to cover medical expenses, lost wages, and the emotional toll of pain and suffering.

At our firm, we understand the physical, emotional, and financial burdens that accompany sports injuries, and we are committed to advocating on your behalf. Our experienced lawyers stand ready to provide you with expert guidance and representation, ensuring that your rights are protected and your best interests are served.

Frequently Asked Questions

How can a sports injury lawyer help me?

Navigating life after an injury of any kind can be challenging. This is only added to the fact if the accident resulted from someone else’s negligence. Our sports injury lawyers provide invaluable assistance by guiding you through the legal process with expertise and compassion. We assess your case thoroughly, gathering evidence and advocating on your behalf to ensure you receive the compensation you deserve.

What qualifies as negligence in a sports injury case?

Negligence in a sports injury case refers to any failure to exercise reasonable care that results in harm to another person. This could include reckless behaviour, inadequate supervision, or failure to maintain safe conditions. Our experienced lawyers will evaluate the circumstances of your injury to determine if negligence played a role in your case.

How long do I have to file a sports injury claim?

The statute of limitations for filing a sports injury claim varies depending on your location and the specifics of your case. It is crucial to act swiftly to preserve your legal rights. Our compassionate team can provide you with the guidance you need to navigate these time constraints effectively.

Will I have to go to court for my sports injury case?

While some cases may require litigation, many are resolved through negotiation or alternative dispute resolution methods. Our goal is to achieve a fair settlement without needing a trial; however, we prepare all cases for this proceeding to ensure our clients have the best options available to them. If litigation becomes necessary, rest assured that our team will provide dedicated representation every step of the way.

How much does it cost to hire a sports injury lawyer?

We understand that financial concerns can add stress to an already challenging situation. That is why we offer our services on a contingency fee basis, meaning you only pay if we win your case. This allows you to pursue the compensation you deserve without worrying about upfront legal fees.

1. National Institute of Arthritis and Musculoskeletal and Skin Diseases. 2018. “NIAMS Health Information on Sports Injuries.” National Institute of Arthritis and Musculoskeletal and Skin Diseases. October 19, 2018.https://www.niams.nih.gov/health-topics/sports-injuries 2. Nancy Garrick, Deputy Director. 2017. “Sports Injuries.” National Institute of Arthritis and Musculoskeletal and Skin Diseases. April 5, 2017. https://www.niams.nih.gov/health-topics/sports-injuries/diagnosis-treatment-and-steps-to-take. 3. Mayer, Jochen, Stephanie Burgess, and Ansgar Thiel. 2020. “Return-To-Play Decision Making in Team Sports Athletes. A Quasi-Naturalistic Scenario Study.” Frontiers in Psychology 11 (June). https://doi.org/10.3389/fpsyg.2020.01020.

Contact Bergeron | Clifford LLP

Contact us at 866-384-5886 or fill out our online form if you have had a concussion or other head injury in Eastern Ontario. We can meet you at our office locations in Kingston, Ottawa, Whitby, Carleton Place, Perth or other local offices, or wherever is most convenient for you.