Though catastrophic sports injuries are rare–approximately 1,300 such cases have been reported between 1982 and 2007– they are not only devastating to the individual but also to the school district, especially if the district is underinsured.
“How many of you have [insurance] policies that exceed $20 million?” asked Michael Patterson, a Seattle attorney and co-presenter of “Handling Catastrophic Personal Injury School Claims,” one of today’s sessions offered at the Council of School Attorney’s 2010 School Law Seminar.
“OK, only one of you raised your hand,” Patterson said, after peering out in the audience of mostly fellow school attorneys. “That means the rest of you have a problem.”
With typical jury verdicts for cases where the student suffered irreparable brain damage or was left quadriplegic averaging about $22 million, districts face huge financial liabilities when a young athlete is injured.
Unfortunately, sports injuries can and do happen but districts can minimize their risks by being proactive and making sure, for instance, that coaches are properly trained, student athletes are supervised, sports equipment is up-to-date and facilities and grounds are safe.
In the event a catastrophic injury or worse death does occur, however, districts must act quickly and strategically in order to stop the case from spinning out of control in the public eye and in the pocketbook.
Immediately after the injury has occurred, districts need to have a third party launch an investigation, identifying witnesses, securing any video footage and evidence, obtaining police and emergency reports, contacting first responders, and even talking with the victim’s family.
“You may have a primary carrier or an excess carrier, those are the ones you need to be communicating with and getting them on board from day one,” Patterson said. “Because one of things I’ve seen is [districts] didn’t put them on notice and the excess carrier will say, you breached the terms of our contract because you didn’t notify us immediately and we’re terminating you.”
In addition to starting the discovery process and notifying insurance representatives, districts must also be aggressive about launching a communications campaign.
“Do not think you don’t have to put together a media plan because you do, everyone will be asking questions, putting together funds for this individual that the community is rallying around,” Patterson said.
Districts need to have a press release ready and identify a spokesman and clear chain of command before the media begins calling.
Lastly, districts would be wise to identify experts of that particular case, whether it is a respected football coach or a head trauma specialist, because if they don’t find and secure those subject matter experts, the plaintiff’s lawyers will.
“The best defense is an aggressive defense,” Patterson said. “Do your strategic planning immediately, get all of your key players together and get your insurance carriers on line and don’t let them off the hook.”






