Filing a Lawsuit for Injuries Sustained in Youth Sports

Allowing your child to participate in youth sports involves accepting some degree of risk. However, there may be instances when a child and their family have a right to seek financial compensation for injuries sustained while engaged in organized youth sporting activities. As their parent or guardian, Massachusetts law empowers you to seek this compensation on behalf of your child by filing an insurance claim or lawsuit.

You must first determine whether the way in which a child sustained an injury provides a means of seeking compensation. This includes identifying the liable party and gathering evidence proving your child was injured because of their actions or negligence. In other words, the evidence must support not only that the responsible entities or persons were careless or failed in fulfilling their responsibilities, but also that those failures were a legal cause of those injuries.

Factors Influencing Whether Compensation is Available When a Child is Injured Playing Youth Sports

As mentioned, playing youth sports involves a natural risk of injury. Parents and their children typically understand this when enrolling in youth sports programs.

Thus, compensation isn’t necessarily available just because a child sustained an injury while playing a sport or engaging in a similar activity. In addition, the form or waiver a parent signed when enrolling a child in a program may have stated they accept certain risks and understand it’s possible for their child to be injured while participating in the program.

However, there are instances when compensation is available for children and their families even when the law accounts for assumption of risk, liability waivers, and related factors. Reasons a child injured while playing youth sports may be eligible for financial compensation include:

• Negligence: The parties who organize youth sports programs have a legal responsibility to provide young participants with a safe environment in which to train and play. A child may be eligible for financial compensation if they sustained an injury because someone negligently failed to provide such an environment. This can involve failing to provide necessary safety equipment, failing to properly supervise children appropriately, and failing to hire qualified coaches (or train them properly). While those are common examples, they don’t represent all the ways negligence can lead to injuries in child sports programs. Review your case with a legal professional if you’re not sure whether negligence was a factor in your child’s injuries.

• Intentional Acts: Sometimes, children are injured while participating in youth sports programs due to the intentional acts of others. For instance, a child might be injured while being subjected to a hazing ritual, or they might be injured because a member of an opposing team intentionally harmed them outside the bounds of fair play.

Understanding Liability and Compensation When Children are Injured Participating in Youth Sports

The liable party responsible for providing compensation when a child is injured due to negligence or intentional acts in a youth sports program can be the organization running the program. However, there may be exceptions. To return to a previous example, depending on the circumstances, if a child was harmed due to the intentional acts of another individual, said individual may be the liable party.

Properly identifying the liable party is vital because pursuing compensation involves filing a claim against the liable party’s insurance. Filing a lawsuit and taking the liable party to court is another option.

The types of compensation and damages available in a case like this can vary depending on the circumstances. As a start, compensation is available for a child’s medical bills. This can include the estimated cost of future treatment if a child’s injuries are likely to leave them in need of ongoing care.

In some cases, compensation might also be available for lost wages or earning potential. This may be so if a child works or if their injuries permanently limit their ability to work.

Compensation may also be available for losses and struggles resulting from youth sports injuries that can’t be easily represented in dollar amounts. Specifically, a child may receive compensation for their pain and suffering and related struggles.

Don’t expect an insurance company adjuster or liable party to explain to you all the forms of compensation that may be available in your child’s case. The goal of the insurance company or liable party in these circumstances is usually to minimize how much money a victim or their family receives.

This highlights one of the benefits of enlisting legal help when filing a children’s youth sports injury claim or lawsuit. At Swartz & Swartz, P.C., our Boston personal injury lawyers are prepared to fight for the full amount of compensation for which your child may be eligible. We can also investigate to gather evidence and identify the liable party if there are questions regarding who should provide compensation. Learn more about how we can help by contacting us online today or calling us at (617) 742-1900 for your free consultation.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.