Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Wrongful Death Cases Could Be Concern for NFL Teams

Author: Scarinci Hollenbeck, LLC

Date: January 15, 2014

Key Contacts

Back

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:

  1. The death was caused by the defendant in whole or in part.
  2. The death occurred as a direct result of the defendant’s negligence.
  3. The death has affected the plaintiff or surviving family members (children, parents, spouses) who qualify for a wrongful death settlement/verdict.
  4. 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.

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Scarinci Hollenbeck, LLC, LLC

    Related Posts

    See all
    How Understanding Bankruptcy Trends Can Benefit Your Business post image

    How Understanding Bankruptcy Trends Can Benefit Your Business

    The bankruptcy legal landscape presents both challenges and opportunities for businesses navigating financial distress. Understanding current bankruptcy trends can help businesses make more informed and strategic decisions. Corporate Bankruptcy Filings Trending Upwards Bankruptcy filings continued to trend upwards in 2024. According to statistics released by the Administrative Office of the U.S. Courts, personal and business […]

    Author: Brian D. Spector

    Link to post with title - "How Understanding Bankruptcy Trends Can Benefit Your Business"
    SEC Takes Actions Against Issuers for Failure to File Form D post image

    SEC Takes Actions Against Issuers for Failure to File Form D

    In December, the U.S. Securities and Exchange Commission (SEC) announced charges against two privately held companies for failing to file a Form D notice, which is generally utilized for exempt securities offerings. Here, the SEC’s enforcement sends a strong message: compliance with regulatory requirements is not optional and failure to comply can have significant consequences. […]

    Author: Kenneth C. Oh

    Link to post with title - "SEC Takes Actions Against Issuers for Failure to File Form D"
    Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda post image

    Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda

    On February 14, 2025, the Office of General Counsel (OGC) of the National Labor Relations Board (NLRB) under Acting General Counsel William B. Cowen issued Memorandum 25-05, “New Process for More Efficient, Effective, Accessible and Transparent Case handling.” The Memorandum rescinds nearly all of the Memoranda issued by his direct predecessor, Jennifer Abruzzo, setting the […]

    Author: Matthew F. Mimnaugh

    Link to post with title - "Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda"
    What Are FIRPTA Withholding Requirements? post image

    What Are FIRPTA Withholding Requirements?

    If you purchase real property from a foreign person or entity, you may be required to withhold taxes from your payment to the seller under the Foreign Investment in Real Property Tax Act (FIRPTA). The federal tax law is designed to ensure that foreign sellers pay any applicable capital gains tax on profits realized from […]

    Author: Jesse M. Dimitro

    Link to post with title - "What Are FIRPTA Withholding Requirements?"
    Does Your Homeowners Insurance Provide Adequate Coverage? post image

    Does Your Homeowners Insurance Provide Adequate Coverage?

    Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

    Author: Jesse M. Dimitro

    Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
    Understanding the Importance of a Non-Contingent Offer post image

    Understanding the Importance of a Non-Contingent Offer

    Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

    Author: Jesse M. Dimitro

    Link to post with title - "Understanding the Importance of a Non-Contingent Offer"

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Sign up to get the latest from our attorneys!

    Explore What Matters Most to You.

    Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

    Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

    Let`s get in touch!

    * The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

    Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

    Please select a category(s) below: