Yet Another Modification to the NFL Concussion Settlement Proposal

For the past several years, the NFL has been in settlement negotiations with a class of over 5,000 players who allege the league misled them as to the effects of repeated traumatic head injuries. In recent news, according to one news report, the judge asked the parties to go back to the drawing board again earlier this month because the proposed $765 million settlement was insufficient in several ways.

thunder-football-helmet-308201-mWhile the settlement was approved by about 99% of the class of injured NFL players, the offer failed to adequately compensate those who suffered from CTE, a disease of the brain that is only diagnosable after death. For the families of these players who died with the disease, the settlement offered to pay them up to $4 million. However, for living players with the symptoms of CTE, the players stood to get nothing in the settlement.

The judge’s most recent order requests that the parties go back to the drawing board to include some form of “reasonable accommodation” for those players who cannot produce medical records supporting an existing and qualifying diagnosis. In other words, the judge wanted those players who may be suffering from CTE to be included in the settlement, one way or another.

This is not the first time the judge declined approving the settlement based on one or more inadequacies. Back in 2013 and 2014, the judge refused to sign off on the settlement that the parties had agreed to due to a lack of total funds to cover the 65-year term the lawsuit was designed to cover.

Class Action Lawsuits and Personal Injury Claims

Not all personal injury claims are brought as class actions, even if there are a number of plaintiffs who suffered a similar harm. In order for a class of plaintiffs to bring a class action lawsuit, they must first ask the court to “certify” them as a class.

When making the decision, the court will consider things such as the relationship between each plaintiff and the defendants, the nature and extent of each plaintiff’s injuries, and whether there are common questions of fact or law shared between the plaintiffs. Once certified as a class, the group of plaintiffs will continue through the process together, potentially saving significant money on legal fees.

Class action lawsuits are not for everyone, however. Depending on a plaintiff’s specific circumstances, it may make more sense for them to file suit on their own. To learn more about the options an accident victim has when deciding what type of case to file, contact a dedicated DC personal injury attorney.

Have You Been Injured in a DC Accident?

If you or a loved one has recently been involved in any kind of Washington DC accident, you may be entitled to monetary compensation. In fact, if other people were injured by the same defendant, such as because of a dangerous product or pharmaceutical drug, a class action lawsuit may be appropriate. However, before you decide to proceed, it is advised to speak with a dedicated attorney about other potential options. Call 410-654-3600 to set up a free initial consultation with a dedicated attorney today.

More Blog Posts:

Peanut Plant Responsible for Multiple Deaths Due to Salmonella Contamination, Washington DC Injury Lawyer Blog, October 9, 2014

New Report Finds over 60 Virginia Children Have Died in Daycare Facilities Since 2004, Lack of Oversight Blamed, Washington DC Injury Lawyer Blog, September 4, 2014

One Dead, Dozens Injured in DC Metro Smoke Incident, Washington DC Injury Lawyer Blog, January 16, 2014

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