Responsibility for Sports Injuries
New Jersey Sports Injuries
When a person is injured while practicing or at a game, determining responsibility becomes an issue. Often there is no clear cut answer but there are factors that are commonly considered in reaching a conclusion.
Injuries that occur during competition with family and friends can cause one to miss work, incur medical bills and treatment and suffer through painful recoveries. Frequently the only way to determine whether there is another party that might be responsible is to speak to an attorney.
When someone needs medical treatment for an injury, health insurance covers these bills when the injured party has it. Health insurance does not, however, cover lost wages or for the pain caused by the injury. Sometimes a third-party might be liable and damages for negligence can be collected or at least sought after. These damages would include pain and suffering, lost wages and other expenses not covered by health insurance. In fact, sometimes an entirely different insurance policy such as a homeowner’s policy might pay for some of these things.
Negligence versus Intentional
When a party is negligent, it has failed to exercise reasonable care and this can cause a personal injury. Negligence can be unintentional or intentional. This negligence could subject that party to a claim for damages. Intentional behavior that contributes to an injury can allow a lawsuit. Some of the damages not covered by insurance are really only recoverable in a lawsuit.
Assumption Of Risk in a New Jersey Sports Injury
Most of the time, when someone is injured while playing a sport, negligence is not involved. Unfortunately, when playing a sport it is possible to be injured and the participant largely assumes this risk. Participating in a physical activity where the action is unpredictable and subject to many variables creates the potential for injury. Assumption of risk means an individual’s participance in sports are responsible for any harm that occurs to them. This is typically the case for sports injuries.
Exceptions to Assumption of Risk
As a general rule, we are all responsible for the consequences of our intentional actions. A obvious example in a sports context, if someone intentionally hits someone else with a baseball bat during a baseball game, the person who swings the bat is liable for any injuries this causes. A player in a baseball game does not assume the risk of being attacked by another player with a bat. However, insurance coverage may be denied when someone acts willfully leaving just the attacking party to pursue for damages.
Legal Advice
To make sure you are maximizing the possibility of recovery, it is wise to speak to an attorney so he or she may explain the best way to protect your rights.
Contact a Freehold Personal Injury Lawyer to Discuss Your Sports Injury Case in New Jersey
Did you or a loved one sustain serious injuries due to a sports accident in New Jersey? Don't let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lombardi & Lombardi, PA represent clients injured because of sports accidents in Brick, Edison, Point Pleasant, Woodbridge and throughout New Jersey. Call 732-906-1500 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1862 Oak Tree Road, Edison, NJ 08820 as well as offices in Brick, Freehold and Point Pleasant.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
