Jan 3, 2019

Can Small Blows to the Head Can Cause Brain Damage?

Erased memories
Head impacts and a loss of brain function and losing memories as a medical health care symbol of neurology and mental problems with a pencil eraser removing the head anatomy on a grunge old parchment paper.

So is it a fact, or is it fiction? Do small blows to the head set the stage for future brain damage? The point is, many people will ignore smaller head blows, especially in sports because they believe it won't affect them as much. Correct, many people's lives do halt when they get a concussion. But some people will just ignore hits to the head by soccer balls or from tackles, let alone amateur boxing, judo, or jiu-jitsu.

Thus, it is a reality we parents face in sports. We always have to balance our need to protect our kids. So we balance this along with their need to learn common sense with our guidance still close by.

Are there Risks of Going Psychotic after Blows to the Head?

Increasing research correlates football injuries to other problems later in life like suicide, or going psychotic. So remember the threat that such head blows could present. Especially this will be the case with small undocumented impacts.

Hence, what might seem like several hits to the head throughout a sports career could instead be hundreds. Also, they could lose memories through time. Last, cumulatively, these injuries could cause severe issues for the players.

  • Soccer and Blows to The Head?

We've all seen it on TV or have done it ourselves. Often soccer players would hit the ball with their heads in play. These headers might seem harmless but instead, cause brain damage. Particularly relevant here, immediate symptoms may stay dormant.

And this remains true even if it happens dozens and dozens of times a year. Recent research cited by the Los Angeles Times reports that a study of soccer players showed a correlation between such actions and problems with memory, vision, focus, and cognition.

Also, all of these issues add together to become a major danger for all sports players. Hence, it also poses a risk for people in work conditions that lead to small head blows and sudden movements. Altogether, these could cause severe problems in later life. Most of all, the root causes can remain undiscovered.

Proper Medical Care Remains Key?

If you or a loved one have suffered from brain damage or related problems such as vision issues and played sports or worked in such an environment, make sure that you have proper care. The assistance of a specialized doctor and attorney can determine the cause.

So such problems can be found, and the actions of others could be ruled out or held liable. Also, a heavy hitter lawyer proves the key to success. Hence, a gray-haired jurist with wrinkles can help determine if these health problems have left you physically challenged. Also, these experts can determine reduced workability.

A specialized head attorney, such as one from Ehline Law Firm will be surely able to assist you. Thus, even the most complex of legal problems allow resolution. Also, they help you in dealing with and understanding what we know about head injuries.

Liability Waivers, Sports, and Kids.

An important aspect in cases such as this is whether a waiver was signed. If signed by the parents or supervising adult, a problem arises. And these waivers have been historically upheld by courts. In fact, many have helped stop suits in tort.

But in other cases, California courts have found that engaging in a sport where the injury is an inherent factor means you cannot sue! That is why boxers cannot sue each other, for example, if they are sparring, or in a sanctioned fight.

  • Now on the other hand, if a boxer were to bring a Colt 1911 45 ACP pistol to a boxing match, no inherent risk of boxing would call for getting shot.
  • As soon as opponent enters the ring, racks the slide, aims and shoot his opponent there no assumption of risk exists.
  • Gunfire would never be an average, ordinary risk inherent in sports like boxing.

In fact, gun wounds at a pistol match couldn't even be a reasonable risk associated with target shooting. However, a ricochet is a risk often associated with shooting steel targets, for example. So this, in some cases renders a lawsuit impractical, unless an exception applies. Last, this later applies based upon a unique set of facts of the case.

What About Assumption of the Risk and Sports Brain Injuries?

This assumption means that new lawsuits for these types of injuries may face disbarment as a matter of law. Or they can be substantially harder under the Knight v. Jewett line of cases. I am an expert in these types of cases.

I believe that many PI lawyers will be hesitant to bring lawsuits for minor head blow type injuries of children who play soccer. At least in California this probably holds true, or unless there is an exception that applies. There would need to be other circumstances present that would render Knight, supra, inapplicable to the case.

We know that in cases of football, the League allegedly hid data about the overall effectiveness of the helmets. The old head protection the players wore at the time was less protective than the NFL implied. In this case, it was the cover-up.

After all, the Knight test certainly would find that brain injuries are an inherent risk in the sport of football. Of course, some would argue a "foul play" exceeds an inherent risk. Courts have found on more than one occasion that being tackled and hurt remains part of the sport. Of course, flag football and non-contact sports won't carry these same inherent risks.

Overwhelming Number of NFL Players with Brain Damage.

In one study, 76 out of 79 decedents who were former NFL players had brain damage. So these findings based on the dissection of their brains. Examination of these brains commenced by experts in their prospective fields (Read More Here.) In the soccer case, I find it difficult to see how parents, guardians, school authorities, leagues like AYSO, and soccer moms, in general, couldn't know of a risk. Headbutts, kicks to the head of a fallen player, slaps, pushing, shoving are common. This behavior happens in the sport of child, or adult soccer matches and even during practice.

Pitfalls of Delayed Discovery.

The fact that parents were unaware of the risk of head injuries would likely work against them. So no excuse exists to let the child's brain damage worsen. When a grown adult discovers the injuries were from soccer years ago, it may be too late.

That said, what about cases where children refused to participate in organized sports voluntarily? Also, what about mandatory soccer matches while attending private or public schools? These are all important factors.

Most relevant here, we may just have a case, based upon the delayed discovery rule. In other words, we can set aside the statute of limitations and still sue for you. But we would need to flesh out the facts and see where this would take us.

For every rule, there is an exception. And a courageous and intelligent lawyer is indispensable. Last, these expert professionals find the limitations. And they enforce the rules in favor of the victims.

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