Brain Injury and the NFL

Last year the National Football League settled a lawsuit filed by thousands of former football players.  Maui Law - NFL Brain Injury Settlement.  Concern and awareness has been increasing the last few years of repetitive head trauma caused by the hard impacts football players are subjected to. 

Just this week, a prominent NFL rookie made a choice to retire early from the sport of football citing his concern over possible neurological trauma.  Even seemingly minor repetitive concussions and brain injuries have been associated with permanent negative medical problems later in life such as memory loss, dementia and other neurodegenerative disease. 

Compensatory and Punitive Damages in a Personal Injury Case

If you have been in an accident, you may be able to receive compensation for your damages from the person who caused you harm.  There are two types of damages you may be able to collect in a personal injury case: compensatory and punitive.

       Compensatory Damages
             -Damages designed to compensate you for your specific injury and loss.  
                 1.  Economic Damages
                       -Also known as Special Damages in a personal injury case. 
                       -Tangible damages whose dollar amount can be concretely measured.
                       -Medical expenses, damage to motor vehicle, property damage,
                        loss of earnings, etc.

                  2. Non-Economic Damages
                       -Also known as General Damages in a personal injury case. 
                       -Intangible damages that can not be quantified.
                       -Pain and suffering, emotional harm, disfigurement, loss of companionship,
                        loss of consortium, etc.

            Punitive Damages
                -Damages designed to punish the person responsible for your injury and loss.
                -Used to deter future conduct of both the person responsible and others.
                -Usually limited in Hawaii to nine or ten times the amount of actual damages.
               
You should be aware that references to damages may change depending on the type of lawsuit you have.  For example, compensatory damages in a tort case may have a different definition than in a contract case.  To determine the type and amount of damages that you are entitled to for your accident, seek the advice of a personal injury lawyer. 

Personal Injury Lawsuit Statute of Limitations

Every personal injury lawsuit must be filed at the courthouse within a specified period of time.  This time limit is called the statute of limitations.  In Hawaii, the statute of limitations for a personal injury lawsuit is two years.  HRS §657-7.  The statute of limitations applies to many different types of torts involving physical and mental injuries including negligent and intentional infliction of emotional distress. 

If you have been injured it is important to seek medical treatment quickly to limit the physical and mental damage from your injuries.  It is also important to seek legal advice quickly so that you can limit the financial damage from the injuries.  A trusted lawyer can be particularly helpful in the difficult and confusing days immediately after an accident.  A lawyer can protect your financial interests and can negotiate with insurance companies and medical providers to save you money and ensure that you are fully compensated for your loss. 

It is essential not to wait until your statute of limitations is about to expire.  Most personal injury lawsuits are negotiated for months before settlement and most are settled without proceeding to a trial.  Few lawyers will be willing to take your personal injury case if the statute of limitations is about to expire. 

Additionally, severe injuries such as a brain injury may require additional medical evaluation to properly document your claim.  You must leave sufficient time to investigate your claim, negotiate with an insurance provider and seek additional medical care if necessary. 

NFL Brain Injury Settlement

The National Football League has settled a lawsuit filed by thousands of former football players.  A federal judge has approved the settlement which has no limit on the amount of money available to pay retired players with potential neuro-cognitive diseases. 

The settlement is extraordinary as it provides neurological exams and monetary settlements for diagnoses of a number of different chronic brain disorders such as Parkinson's, Alzheimer's and early dementia.  The original lawsuit was filed by approximately 5,000 players but all former players are eligible and will have two years to register for the settlement. 

The original settlement amount of $870 million was deemed was deemed to be too small to cover the high medical costs for serious concussions and brain injuries suffered by many football players.  Despite the potentially large payout, some players have said that the settlement will still not completely compensate past players for their injuries.