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Wrongful Death Cases Could Be Concern for NFL Teams
Author: Scarinci Hollenbeck, LLC
Date: January 15, 2014
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The NFL has been bogged down with lawsuits and other problems as a result of concussions caused by repeated head trauma during game action.
The league recently settled a major case that awarded millions of dollars to former players who are suffering from concussion-related conditions.
However, it appears as though this could be just the beginning of the NFL’s concussion issue. The most recent example is a wrongful-death lawsuit filed by Jovan Belcher’s mother.
Belcher is a former Kansas City Chief who killed his girlfriend and then committed suicide, and his mother claims head injuries suffered while playing football led to cognitive and neuro-psychiatric impairment, which helped caused the violent incident. Belcher’s body was recently exhumed and is being tested for chronic traumatic encephalopathy.
Proving Wrongful Death
If the wrongful-death lawsuit is successful, many more similar cases could occur in the future. To prove wrongful death, the plaintiff needs to prove four basic elements:
- The death was caused by the defendant in whole or in part.
- The death occurred as a direct result of the defendant’s negligence.
- The death has affected the plaintiff or surviving family members (children, parents, spouses) who qualify for a wrongful death settlement/verdict.
- The death resulted in monetary damages.
In Belcher’s case, and any other involving concussions, these four elements could be hard to prove as the NFL has yet to admit fault regarding head injuries. The concussion settlement helped the league avoid potentially having a judge rule that it was negligible. This doesn’t mean that this won’t happen in the future though, so this will definitely be a case to watch, especially if concussions remain a prevalent part of the NFL game.
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