High School Sports Injuries – Will the School Pay?

The reality of the matter is that high school sports injuries are costly, financially and emotionally. High school sports represent a time for children and teens to unwind, let go, and have fun. But, children and teens can suffer head injuries, broken bones, and torn or strained muscles resulting in temporary or permanent disabilities. 

Seeing kids roam the hallways of high schools on crutches because of the injuries they rack up playing sports is not uncommon. However, what they do not expect to happen is for them and their families to get stuck with a gigantic bill of out-of-pocket costs that their health insurance will not cover. Will the school pay when this happens? There is a lot to consider when trying to answer that vital question.

High School Sports Injuries Statistics

Recently, a high school football team lost a player to a “season-ending knee injury in the opener,” according to the Albany Democrat-Herald. The seniors on the team were not just playing for ego, but for an opportunity to reach their dream of playing college football and beyond. Imagine standing on the precipice of a successful future amongst your friends, only to stumble backward while your friends get to move forward. The emotional devastation coupled with cruel physical punishment amplifies the heartache. 

Stories like this one are not unusual. According to Stanford Medicine Children’s Health, every year in the United States, approximately 30 million children and teenagers participate in organized sports. About 3.5 million sports injuries involving children and teens happen yearly, with sprains and strains making up many injuries.

Death, thankfully, is not as common. However, those who do suffer fatal injuries typically sustain a brain injury. Stanford Medicine Children’s Health data shows that almost 50% of head injuries caused by sports or recreational activities usually happen when the child or teen engages in bicycling, skateboarding, or skating.

Most Common Types of High School Sports Injuries

Personal Injury Law

According to Stanford Medicine Children’s Health, approximately 800,000 children and teens are sent to hospital emergency rooms for sports-related injuries annually. Numerous situations and factors contribute to these injuries, including falls, collisions, being hit by an object, and overexertion, just to name a few.

Everyday high school sports injuries include concussions, bone fractures, sprains, strains, knee injuries, Achilles tendon injuries, dislocation of joints, and rotator cuff injuries. Children and teens are suffering blows to the head, breaking and fracturing bones, tearing ligaments and muscles, and sometimes injuring their spines, all while playing high school sports. Treating and paying for these types of injuries is no small feat. The risks are real, and so are the real-life consequences, both physically and financially.

Paying For High School Sports Injuries

Health insurance is essential to our well-being. Annual doctor’s appointments, specialists, and sports medicine all cost a substantial amount of money. So, health insurance plays a pivotal role in people’s ability to afford quality medical care to lead healthy lives. 

People recently reported a teen fighting to walk again after being sidelined with a life-altering football head injury.  The injured player needed immediate surgery and was lucky to have survived. Now he relies on a tracheostomy tube to breathe and communicate by typing. As reported, he was in physical therapy with specialists six days a week to attempt to regain the use and strength of his legs. 

As a parent, you will pay anything in the hopes of bringing a sense of normalcy to your child. Personal health insurance can help cover any medical bills or necessary treatment. However, this does not consider copays, deductibles, and other out-of-pocket expenses. 

In circumstances like this, parents may file a third-party claim to hold the organization hosting the event responsible for the out-of-pocket costs. But they do not always realize that there are hurdles associated with this course of action.

High School Sports Injury Lawsuits & Challenges Victims Face

It should be no shock to anyone that insurance companies want to pay as little money as possible regarding filed claims. Not only do courts routinely dismiss third-party claims, but insurance companies always fight for their dismissal. So, the odds are not in favor of the victim and their families in these situations.

Why is it so hard to win? There are two key reasons. First, parents willingly assume the risks associated with their children’s sports by allowing them to play. Second, municipal or governmental agency laws can apply to schools, making lawsuits much harder to file. Just because third-party claims do not have the most remarkable track record does not mean that injured children, teens, or their families should throw up their hands in defeat.

Seeking total compensation for injuries through a personal injury lawsuit is essential. Injured children and their families should not bear the brunt of healthcare costs if the school or organization sponsoring the sporting event is partially responsible. 

How to Prove Negligence in a High School Sports Injury Case

High school sports injuries are commonplace, and families often take on all costs associated with medical bills and treatment for injuries because third-party claims are routinely dismissed. So, what is a parent to do in a situation like this? Working closely with a personal injury attorney, they should seek to prove negligence.

What is negligence in a high school sports injury? It means that the high school or organization sponsoring the event failed to provide adequate supervision. This could apply to the school or the person employed by the school. An unsafe facility or equipment can also play a role in successfully proving negligence.

Explore All Available Options to Protect Rights

Millions of children and teens engage in high school sports every single year. Some do so because they come from a family of athletes. Others are playing a particular sport for the first time out of curiosity or an eagerness to fit in with others. Whatever the reason, no one plays a high school sport hoping to get injured because of a school’s negligence. Moreover, they do not play thinking that the out-of-pocket expenses associated with their injury will be on them to pay when the school is partially to blame for the injury happening in the first place.

With the steady stream of third-party personal injury claims being dismissed by courts and insurance companies, it is natural to assume that there are no options worth exploring. However, options are available and should be considered because protecting the rights of victims and their families is critical. If a school is not providing adequate supervision, unsafe equipment, or a hazardous facility, it should be held responsible for contributing to the injuries sustained by the victim. Speaking with a personal injury attorney is the best first step to make that happen.

If you or a loved one has suffered an injury during a high school sport, contact Stephenson, Chávarri & Dawson, LLC at 504-523-6496 or fill out our online contact form to request an initial consultation.

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