Will the long term effects of mild brain injury be addressed by the courts now in per

easygoingguy30

Now its coming to light in the USA about the NFL players having long term damage from concussion/minor brain injury and now its soccer players from heading the ball.
Has the insurance industry been getting away with undervalued  cases here and will this change?
ie...     someone involved in a accident and minor traumatic brain  injury,there told by there doctor that it will clear up in few weeks.Insurance offers 2k,seems a good offer at the time.case closed.
fast for-ward 5 years,the person has still the same problems(memory/concentration etc ..)
(I know people will say you should never settle these cases early,but cognitive changes are not something people discuss).
Is this something the insurance companys have known about?

NUTLEY BOY

easygoingguy30 wrote: »

Now its coming to light in the USA about the NFL players having long term damage from concussion/minor brain injury and now its soccer players from heading the ball.
Has the insurance industry been getting away with undervalued  cases here and will this change?
ie...     someone involved in a accident and minor traumatic brain  injury,there told by there doctor that it will clear up in few weeks.Insurance offers 2k,seems a good offer at the time.case closed.
fast for-ward 5 years,the person has still the same problems(memory/concentration etc ..)
(I know people will say you should never settle these cases early,but cognitive changes are not something people discuss).
Is this something the insurance companys have known about?

You need to address the state of knowledge issue to actually answer this coherently.

If no danger is known to exist or could not reasonably be expected or foreseen there may well be no duty of care in historical cases. However, with the advance of medical knowledge in this area the concept of the existence of a duty of care becomes more probable with it's attendant consequences for damages.

There was the case of an English soccer player named Jeff Astle. He spent years heading the heavier old-fashioned soccer balls. He died in his 70s. The coroner ruled that the ball heading probably contributed to or caused the ultimate problems from which he died. I think the relevant legal point there was that this was ruled as death from an industrial injury as he was a professional footballer.

NUTLEY BOY

P.S. You could usefully look at Roe -v- M.O.H. (1954)- Court of Appeal to see how the concept works.

Link http://www.bailii.org/ew/cases/EWCA/Civ/1954/7.html