Liable Parties for a Wrongful Death Case
If your child suffered a fatal head injury while playing a youth sport and want to pursue a wrongful death claim, you will need to prove that there was negligence involved that contributed to the injury and death. Negligence could be due to:
- A coach or adult in charge was not properly supervising the team or paying close attention when it was needed.
- The child who was injured was not provided with proper safety equipment, or the equipment they were using was defective or damaged.
- The child was not removed from the game after having signs of a concussion or injury.
- There were dangerous conditions on the sports field or at the facility where the sport was being played.
- There was bullying by other players that caused the injury.
- The child was forced to train in hazardous conditions or was overtrained.
- The child was not diagnosed properly when injured or was given improper medical advice by a doctor or medical professional.
Most schools require parents to sign a waiver of liability for their child to participate in a sport. This waiver releases certain parties from liability if injury occurs. However, these waivers are not always enforceable by law. Those that may be held liable for a youth sport injury or wrongful death can include one or more parties such as:
- The school
- The sports league or association
- The coach or coaching staff
- Another player who caused the injury
- A medical professional
In order to determine who is at fault and what legal rights you have for a wrongful death claim, consult with an experienced attorney. They can help you understand the type of compensation you may be entitled to receive and what is needed to prove negligence. Filing a claim can also prevent this mistake from happening to someone else in the future. For a youth sports injury or wrongful death case, you may be able to recover compensation for:
- Medical expenses
- Funeral or burial expenses
- Loss of future income
- Punitive damages
- Pain and suffering
- Emotional distress