Current and former Rugby Union and Rugby League players could be eligible to claim compensation for brain injuries and brain damage.
Cases of Rugby players suffering MND (Motor Neurone Disease) and Dementia under investigation.
No Win, No Fee legal representation for claimants in England and Wales.
Current and former rugby players suffering brain injuries in brain damage – such as MND (Motor Neurons Disease) and dementia - could be eligible to pursue compensation claims on a No Win, No Fee basis.
The concerns at the heart of the legal action are about whether governing bodies failed to do enough to protect players from suffering from serious injuries as a result of head contact in collisions. Only in recent years has there been a significant change in the rules set in place by governing bodies that specifically address and prevent serious head injuries in contact. If you compare footage from games now to those over the last 15 to 20 years, it is not difficult at all to see the significant difference in the manner of the collisions taking place.
Unfortunately, there have been a number of high-profile players being forced to retire early from the sport they love, as well as former rugby players developing serious brain injuries including MND and dementia.
In recent years, the rugby family suffered the tragic losses of legends including Doddie Weir and Joost van der Westhuizen, both of whom suffered from Motor Neurons Disease. Rugby league legend Rob Burrow and former England Rugby Union player Ed Slater continue to suffer the effects of what is a terrible and debilitating condition. With statistics clearly indicating increased chances of suffering from significant brain damage being linked to professional rugby union and rugby league, it is clear to see why there is such a cause for concern.
The compensation action is for current and former rugby union and rugby league players who have suffered from brain injuries, with legal action currently directed against governing bodies. We have jurisdiction to represent claimants in England and Wales which means that the governing bodies at the focus of any legal action we take is World Rugby, England's Rugby Football Union (RFU), and the Welsh Rugby Union (WRU). The allegations are that the relevant governing bodies may have failed to do enough to protect players from risks arising from contact and collision in rugby.
Whilst the governing bodies have been clear in their statements about player welfare and protecting those involved in the sport, many rugby union and rugby league fans and pundits regularly comment on the perceived issues in respect of play welfare. The rugby calendars are incredibly busy, and even recent new rules in respect of sanctions for head contact in games are continually subject to incoherence decisions made by officials, which is indicative of struggles in applying changes that have only recently come into force. The point here is that these changes are very recent, so you only have to look at the periods over the last few decades or so to see the stark contrast in collision and contact in both rugby union and rugby league, and how this is managed in respect of penalties and sanctions.
If it can be established that the governing bodies have been negligent in the duty of care that they have for the players involved in the sport, they could be liable to compensate any players who have suffered brain injuries and/or brain damage.
Any personal injury compensation action is the pursuit of damages for any pain, suffering and loss of amenity caused, as well as damages for any losses and expenses. The part of the case that is applicable in respect of pain and suffering is known as “General Damages”, and the losses and expenses element is known as “Special Damages”.
We will first need to establish whether the governing bodies in question have been negligent in the duty of care that they have for the claimants (players) pursuing legal action. In a case of this nature, this will likely be the most difficult part hurdle, and we envisage that there could be difficulties in respect of proving negligence in claims. However, as Specialist Serious Injury Claims Lawyers, we are well-placed to be able to help you.
If we can establish that a claimant has been the victim of negligence, we can then investigate how much a compensation claim could be valued. Ultimately, the point of the compensation action is to make sure that anyone who has suffered as a result of negligence can be fairly compensated for what they will now have to suffer. There are some former players whose memories have been so badly affected by injuries that they struggle with memory loss. As time moves forward, any rugby players suffering from serious brain damage or brain injuries may require significant care and assistance. It is not fair to burden the families of those affected if negligence is the root cause of the problems.
If we are able to succeed with a compensation claim, we can look to help claimants recover damages for any future expenses to assist with their care requirements. In some cases, the losses and expenses (Special Damages) element could be the most significant. It can be quite typical for rugby players to retire early anyway but, to be forced to retire even earlier due to serious brain damage, and then suffer significant problems at a relatively young age, must be addressed.
In the US, the NFL previously established a “concussion fund” that has paid out hundreds of millions of pounds in damages to thousands of former professional players. US matters are subject to separate legal jurisdictions, but this example could show that compensation actions against governing bodies can be successful.
Current and former rugby union and rugby league players who have suffered brain damage/brain injuries – such as MND (Motor Neurons Disease) or dementia - could be eligible to pursue compensation. If the above applies in your case, you can contact our Specialist Injury Advice Team for free, no-obligation legal advice to discuss your options.
Any advice we provide is on an entirely no-obligation basis, and will always be treated with complete confidence. We can provide you with advice and confirm your options, and then it is up to you in respect of proceeding with a legal case.
If you do wish to proceed, we should be able to represent you on a No Win, No Fee. This way of working means that you can benefit from us being able to write off our legal fees if the case does not succeed, subject to the agreed terms and conditions in place.
Goldman Finch – T/A The Serious Injury Claims Lawyers - has an experienced legal team of solicitors and legal executives with long histories of fighting for justice for victims in serious negligence matters. Our lawyers have previously recovered millions of pounds in damages for those who have suffered from catastrophic injuries, including serious and permanent brain injury matters.
We are here to help you. Please do not hesitate to contact our team for free, no-obligation legal help here now.
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