How is the award of damages in a sports injury case determined?

In North Carolina, determining the award of damages in a sports injury case is a complicated process. First, based on the state’s law, the court will consider the severity and nature of the injury, as well as the amount of economic and non-economic damages that can be legally sought in a sports injury case. Economic damages include medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering, mental distress, or loss of enjoyment of life. The court will also consider the degree to which the injured was at fault or negligent. North Carolina follows the doctrine of contributory negligence which states that if the injured person is found to be even slightly at fault, they cannot recover damages. The court will consider factors such as the athlete’s knowledge and skill level, as well as the safety precautions and equipment used. Lastly, the court will decide if there are any punitive damages that can be awarded. Punitive damages are meant to punish the party responsible for the injury and deter future negligent behavior. A court may award punitive damages if the court finds that the party responsible for the injury acted in an especially negligent or reckless manner. The court will also consider the financial resources and capability of the defendant when awarding damages. All of these factors play a role in determining the award of damages in a sports injury case in North Carolina.

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How is the award of damages in a sports injury case determined?

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