Is there any legal action I can take to help cover the expenses that the athletic department of my university has caused me?

I was a student-athlete for 4 years. For all of those years I was having shoulder issues that affected my performance. I went to see the trainers hundreds of times, who told me that nothing was seriously wrong with my shoulder and that I did not need any further examination. I graduated 8 months ago and now I am an accountant. Recently, my shoulder pain got to the point where it affected my work at the office, so I decided to go see an orthopedist. They had me get an X-ray right away and they diagnosed me with extreme arthritis that was caused from years of wear and tear and incorrect treatment. They have now told me that I need an MRI and that this will require surgery soon and most likely multiple surgeries for the rest of my life. Also, the university’s head athletic trainer has just been cited by the state for having a total of 5 unlicensed staff members working as assistant athletic trainers.

Asked on December 18, 2018 under Personal Injury, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Contact the university and obtain the name, address, and telephone number of its insurance carrier. Notify that insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the university's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the university's insurance carrier, NO lawsuit is filed. 
If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the university.
If the case is NOT settled, your lawsuit against the university must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
Due to the period of time that has elapsed since your injury and the time for your anticipated medical treatment, you should immediately speak with a TN personal injury attorney because the lawsuit  may need to be filed soon to not miss the applicable statute of limitations.


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