Have you or your child been injured in an accident while cheerleading for a high school, college, university, or private school? If so, you may be entitled to monetary damages from the coach, school district, and any parties that owed you or your child a duty of care.
There is no denying that cheerleading, like all sports, comes with the risk for injuries. However, cheer coaches and instructors, as well as the school district, have a degree of responsibility to prevent accidents that can lead to serious harm, including death. Sadly, significant cheerleading injuries often result from careless actions, like pushing students beyond their limits and not using proper technique for dangerous stunts.
As a cheerleader injury victim, you should not be denied the compensation you need for your physical and mental recovery. A cheerleader injury attorney is waiting to speak with you, so give us a call at your earliest convenience.
Leading Causes of Cheerleading Accidents
Cheerleading is one of the most undervalued sports in schools and professional sports leagues. Yet, there’s no denying the athleticism that’s required from a cheerleader, particularly at college and competition levels. According to the University of North Carolina’s National Center for Catastrophic Sport Injury Research, cheerleading is responsible for 65% of all catastrophic injuries suffered by female athletes.
Even more tragic is the fact that most of these injuries are preventable through basic, common-sense methods. But negligence by the instructors, assistants, school administration, etc., can lead to accidents with devastating consequences. Below are examples of cheerleading accidents that can occur during practices, games, and competitions:
- Slip and falls / trip and falls due to practicing on slippery or unstable surfaces.
- Collision injuries from using a practice area without enough space.
- Head injuries, including brain damage, from being dropped during tosses and lifts.
- Rupturing vital organs from striking another team member during stunts or acrobatic moves.
- Back or spinal injuries from tumbling / stunting on defective or insufficient safety mats.
- Use of advanced techniques that the student is not ready for (ex, being lifted by the ankles rather than the waist).
Some of these injuries can’t be blamed on anyone in particular, as accidents are bound to happen in any sport. However, schools have a heightened duty of care to protect the health and well-being of their students. If you or your family member was injured while cheerleading due to the school’s negligence or misconduct, you may have grounds to file a lawsuit for monetary compensation.
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Common Cheerleading Injuries
Cheerleading may seem like a safe activity, but the truth is, around 30,000 cheerleaders visit the ER on a yearly basis. Some of the most common injuries associated with cheerleading include:
- Brain injuries (concussion, traumatic brain injury, etc.)
- Wrist / ankle sprain
- Soft tissue injury (ligament or muscle strain)
- ACL / MCL tear and other knee injuries
- Hand and wrist fractures
- Ankle / foot fracture
- Neck injury (whiplash)
- Spinal cord damage
- Back fracture
These injuries can cause long-term health complications, especially in children and teenagers, whose bodies are still developing. In the worst possible cases, they may even cause paralysis or fatality. If you or your loved one was harmed while cheerleading in school or during a game, our lawyers can advise you of your rights and help you take action against the responsible parties.
Can I Sue the School for a Cheerleading Accident?
Yes, you can sue the school, college, or university for a cheerleading accident if you can prove that the institution was negligent in their duty of care to you or your child. This is often easier to prove when it comes to the cheering coach or instructor. Typically, these are the people who choreograph the routines and dictate how the stunts should be performed. Therefore, they bear the immediate burden of ensuring that the practice area is safe, that the students use proper technique, and that certain safety precautions are in place.
School liability for a cheerleading injury can be more challenging to prove, though there is no shortage of these incidents throughout the country. For example, the school district is responsible for employing staff members and ensuring that they have the experience / certifications to work with students in various capacities. Sadly, many schools do not require formal training for their cheer coaches, which seems unacceptable considering the level of gymnastics, acrobatics, and tumbling that you see in cheerleading routines, especially at the college level.
The safety of the premises and equipment used during practices (or lack thereof) may be another way to prove school responsibility in a cheerleading accident. The truth is, there is very little consideration for safety equipment for cheerleaders, as it’s not recognized as an organized sport in many states. Hence, it’s not unusual for schools to deny their cheer teams proper safety mats, enough space for tumbling, and areas free of slipping and tripping hazards – all of which are reasonable measure that can minimize injuries during practice or during a game.
In short, there are many ways that a school district can fail their cheerleaders. Regardless of who is at fault for you or your loved one’s accident, you can be confident in our ability to hold them responsible. If you’re in need of a lawyer with experience in school liability lawsuits, contact our office and schedule a free consultation.
Average Case Value for a Cheerleader Injury Lawsuit
The case value for a cheerleading injury lawsuit varies widely, though we can say that the type and severity of injury is the biggest factor in how much these cases are worth. Generally, injury claims involving serious health conditions like brain injury and spinal cord damage have the highest values. These cases can bring in settlements between $240,000 to $500,000 for moderate injury claims, and over $1 million for the most serious cases. Lawsuits involving less serious injuries, like sprains and fractures may be worth around $75,000 to $150,000.
As for why these lawsuits have such high values, there are many reasons, including the immediate care that’s needed to treat and stabilize the patient. On-going care may be needed for many months or years, which can result in hundreds of thousands of dollars for just the medical costs. Then, you have to consider the victim’s non-economic damages, such as pain and suffering and emotional distress. A cheerleading accident settlement includes all these losses, and when you think of it that way, it’s not hard to see why many of these cases have 6 to 7 figure values.
How long does it take to Settle these Cases?
This is obviously a very important question for injury victims and their family members, who want to settle their case and move on with their lives as soon as possible. Unfortunately, resolving a personal injury case is never a quick process, since there are many factors that are beyond our control. Based on our experience, some districts and private schools are eager to do the right thing and make a fair settlement offer within the first few months of an injury claim. Those cases are generally paid out within 4 to 8 months.
However, cases with serious, long-term / life-long injuries can take much longer to resolve. In these situations, the victim will need to reach the maximum level of recovery before they can request monetary damages. At that point, the school district or educational institution may be unwilling to negotiate a settlement due to the high cost of your financial and emotional losses. These cases can take anywhere form 18 months to two years, maybe even longer, before they are settled.
Statute of Limitations to File a Cheerleading Injury Lawsuit
The amount of time you have to file your lawsuit depends on the type of institution you are suing. For example, if you are suing a public school, you will first need to file an injury claim with the school district within 6 months of the accident date. If the district denies your claim or doesn’t respond to you in 45 days, you can proceed with a lawsuit through the court system. Private schools, on the other hand, are not public entities. Thus, you have up to two years from the date of injury to file a cheerleading accident lawsuit against a private school. To ensure that you meet the filing deadline for your case, call our office and consult one of our experienced attorneys.
Free Second Opinion on your Injury Case
If you already have an attorney representing you, but you’re not happy with their service, we may be able to help with a second opinion. During this free, no-obligation meeting, you can discuss your case with one of our attorneys and get their input on questions such as:
- Why is it taking my lawyer so long to settle my case?
- Is my lawsuit worth more than what my lawyer is telling me?
- I’m not sure that my attorney is experienced enough for my case. What can I do?
After our discussion, you can decide if switching your lawyer is the right choice. If so, we will handle the entire process of transferring your case from your current law firm. No matter what you decide, the consultation is free, so there’s no harm in taking some to speak with one of our attorneys.
The Personal Injury Lawyers of Normandie
Cheerleading accidents during practice, games, or competitions is an all too common occurrence in schools and universities, and it’s been going on for many years. Yet, far too many schools fail to recognize the potential for injuries, or choose to neglect dangerous circumstances that can lead to an accident .Some of them go so far as to blame the student, even when it’s clear that the student was simply doing as they were told.
Our lawyers are here for you, and we will not rest until you are adequately compensated for your injuries. We have decades of experience in complex injury claims involving public institutions, and we know what it takes to secure a favorable outcome in these cases. As for our legal fees, you won’t have to worry about that since we offer a Zero fee guarantee. That means you owe us absolutely nothing until we recover your settlement. And if we don’t win your case, you won’t be charged for a single penny of our expenses.
To learn about your rights and legal options from a cheerleading accident lawyer, give us a call and schedule a free case review.
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