Back in June 2012, a lawsuit was filed against the NFL by a group of almost 2,000 players, alleging that the league failed to inform players of the link between concussions and brain injuries. Back in August of last year, the group of players—that had at that point reached 4,500 in number—came to an agreement with league officials.
Under the terms of that deal, the group of players would receive $765 million to help pay for medical exams, concussion-related compensation, medical research for retired NFL players and their families, and litigation expenses. However, the judge assigned to the case declined to approve the settlement, holding that she didn’t think it was enough money.
According to a recent article by USA Today, the federal judge overseeing the case is again reviewing a potential deal between the players and the league. This time, the proposed settlement would provide for up to $4 million for the families of players who were diagnosed after their death with the brain disease chronic traumatic encephalopathy. In addition, the proposed settlement would provide between $1.5 million and $3 million to players who are alive and suffering from various brain-related disorders, including dementia.
Those who object to the settlement have a few complaints that the amount is not enough, or doesn’t cover certain things. For example, the proposed settlement does not count seasons played in NFL Europe toward eligibility and doesn’t cover depression. They also have a problem with the fact that the age of diagnosis plays a role in the amount ex-players are entitled to recover.
The judge has not indicated when she will be ruling on the proposed settlement that now includes upwards of 5,000 players. However, some expect that she will make her announcement in the first quarter of the coming year.
Settlement Negotiation in Personal Injury Cases
An attorney’s role is more than just what is seen in the court room, and this case is a good example. Chances are very high that there will never be a “trial” as most of us think of it in the NFL concussion case. Instead, the parties will end up negotiating a settlement out of court.
Out-of-court settlements are responsible for a huge percentage of personal injury case outcomes. It is very important that you have a dedicated attorney on your side to help convey the seriousness of your injuries and viability of your case to the opposing side, in order to garner a full and fair settlement.
Have You Been Injured in a Personal Injury Accident?
If you or a loved one has recently been involved in a DC personal injury accident, you may be entitled to monetary compensation for your injuries or loss. However, chances are high that your case will receive some kind of settlement before trial. The goal is to make that number as high as possible, given the extent of your injuries. The skilled advocates at Lebowitz & Mzhen, LLC have decades of experience bringing personal injury cases and know how to effectively represent their clients in settlement negotiations. To speak to an attorney today, call 410-654-3600 and set up a free initial consultation.
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Misplaced Construction Sign Results in $100,000 Settlement with St. Louis County, Washington DC Injury Lawyer Blog, August 21, 2014