There has been much debate over whether or not NCAA Class Action Lawsuits will increase concussions. Some claim that the plaintiffs are being double-charged for being a party to the injury and also for being the recipient of that injury. It is believed that if this scenario played out, attorneys would win in most cases because they would be allowed to sue the schools directly instead of the athletes. But is this realistic? And what are the pros and cons of this type of lawsuit? Here is a look at the situation.
First of all, the fact that there is only one case law per state, means there are only so many plaintiffs that can proceed with a lawsuit. As a result, the chances of winning the case are slim. Also, it is important to keep in mind that when the case is tried in a Florida court, things will tend to go in favor of the plaintiffs. This is because Florida is well known for having plaintiff-friendly laws. Therefore, if you are a plaintiff, it is very likely you will win your case.
The main problem with this scenario is that if you are not a plaintiff, but rather an insurance carrier, you may not be able to obtain monetary damages on a case by case basis. You may, however, be able to file a claim for both physical and emotional damages. You will need to determine the amount of each type of damages before proceeding with the case law suit. Most people who file such cases never receive any monetary damages. But the courts usually grant class action status to those who do receive monetary damages, so you may be able to obtain financial support from the school or other entity responsible for your injury.
The cons of this type of NCAA Class Action Lawsuit are also not to be overlooked. If you are not a plaintiff, then you may not be able to obtain the damages as a plaintiff. Also, if you are not injured in a personal injury case, then you may not be able to obtain the monetary damages that would allow you to file the lawsuit. The other major con to this type of lawsuit is that you generally do not receive the monetary support that you may have gotten if you were a plaintiff. In addition, you must hire an attorney who can help you in the legal aspects of filing the lawsuit. Hiring an attorney is not difficult, but you must make sure you select an attorney who has experience with these types of cases.
The benefits to being a class action lawsuit plaintiff include the ability to receive compensation for your medical bills, lost wages, pain and suffering, and many other factors. The only negative to this type of lawsuit is that you generally do not receive monetary compensation. There are, however, some things you can do to increase the odds that you will receive monetary compensation when you file your class action lawsuit against your school, your coach, or other individual who is responsible for your injury.
Before you select an attorney to represent you in your NCAA injury lawsuit, you should request references from individuals who have had experience with the attorney you are considering. You can contact the State Bar Association in your state and ask if the attorney has ever represented individuals who have come forward with a lawsuit similar to yours. You should also ask how many cases he or she has handled and whether they are successful at helping their clients. If you are unable to locate a former client of the attorney you are interested in hiring, then you should contact the State Bar Association for your state. Finding a good attorney is not easy, but it can be done.
