Sports-Related Brain Injury Lawyers in Georgia & South Carolina

Q: Can I sue a coach or school for my child's sports concussion?

Yes, if the coach or school was negligent — for example, by returning a concussed athlete to play without medical clearance, violating Georgia's Return to Play Act (O.C.G.A. § 20-2-324.1) or South Carolina's Youth Athletic Concussion Prevention Act (S.C. Code § 59-63-75).

Q: Does the assumption of risk defense bar all sports injury claims?

No. Assumption of risk applies to the inherent risks of a sport, not to negligent conduct by coaches, facilities, or organizations. Returning a concussed athlete to play, providing defective equipment, or maintaining unsafe facilities are actionable even in athletic settings.

Q: What is Georgia's Return to Play Act?

Georgia's Return to Play Act (O.C.G.A. § 20-2-324.1) requires youth sports organizations to educate athletes and parents about concussions, remove athletes suspected of having a concussion, and require medical clearance before return to play. Violations support negligence claims.

Q: Can I sue a helmet manufacturer if the helmet failed to prevent a brain injury?

Yes. If the helmet was defectively designed, manufactured, or marketed with misleading safety claims, you may have a product liability claim against the manufacturer. Equipment must meet applicable safety standards for the sport.

Q: What is the statute of limitations for a sports brain injury claim?

Georgia has a 2-year statute of limitations (O.C.G.A. § 9-3-33) and South Carolina has 3 years (S.C. Code § 15-3-530). For minors, the limitations period is tolled until the child turns 18, but filing promptly preserves evidence and strengthens the case.

What Is a Brain Injury Case?

Suffered a brain injury from sports or recreational activities in Georgia or South Carolina? Our attorneys hold negligent coaches, facilities, and organizations accountable for preventable sports-related TBIs.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a brain injury in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Legal Claims for Sports-Related Brain Injuries

Sports and recreational activities are a leading cause of traumatic brain injuries, particularly among children and young adults. The Centers for Disease Control and Prevention (CDC) estimates that sports and recreation-related TBIs account for hundreds of thousands of emergency department visits annually. While inherent risks exist in athletic activities, many sports-related brain injuries are preventable — caused by negligent coaching, inadequate equipment, unsafe facilities, and failures to follow concussion protocols.

At Roden Law, our sports-related brain injury lawyers represent athletes, students, and recreational participants across Georgia and South Carolina who have suffered concussions, severe TBIs, and second impact syndrome due to another party’s negligence.

Georgia and South Carolina Concussion Legislation

Both Georgia and South Carolina have enacted youth concussion safety laws that establish standards of care for sports organizations:

Georgia’s Return to Play Act of 2013 (O.C.G.A. § 20-2-324.1) requires youth sports organizations and schools to provide concussion information to athletes and parents, remove from play any athlete suspected of sustaining a concussion, and require written clearance from a licensed healthcare provider before the athlete can return to play. Failure to comply with these requirements can serve as evidence of negligence.

South Carolina’s Youth Athletic Concussion Prevention Act (S.C. Code § 59-63-75) imposes similar requirements, mandating annual concussion education, immediate removal from play when concussion is suspected, and written medical clearance before return to activity.

Common Causes of Sports-Related Brain Injuries

Negligence in sports settings takes many forms:

Failure to follow return-to-play protocols: Allowing concussed athletes to return before medical clearance, risking second impact syndrome
Inadequate coaching: Teaching or encouraging dangerous techniques, such as leading with the head in football
Defective equipment: Faulty helmets, headgear, or protective padding that fail to absorb impact adequately
Unsafe facilities: Poorly maintained fields, gyms, or recreational spaces with hazardous conditions
Negligent supervision: Inadequate oversight of youth athletes during practice and competition
Mismatched competition: Pairing athletes of drastically different size, skill, or age in contact activities
Failure to train staff: Coaches and trainers not trained to recognize concussion symptoms

Sports Most Associated with Brain Injuries

While brain injuries can occur in any sport, certain activities carry elevated risk: football (the leading cause of sports-related TBI in the United States), soccer (particularly from heading the ball), lacrosse, hockey, wrestling, basketball, cheerleading and gymnastics, boxing and martial arts, cycling, and equestrian sports. Each sport has specific mechanisms of brain injury and applicable safety standards that inform the legal analysis of negligence.

Assumption of Risk Defense

Defendants in sports injury cases frequently raise the assumption of risk defense, arguing that the athlete voluntarily accepted the inherent risks of the activity. However, Georgia and South Carolina courts recognize that assumption of risk does not shield defendants from liability for negligent acts that go beyond the inherent risks of the sport — such as returning a concussed athlete to play, providing defective equipment, or maintaining unsafe facilities. Our attorneys distinguish between inherent sporting risks (which may be assumed) and negligent conduct (which is actionable).

Damages in Sports-Related Brain Injury Cases

Athletes who suffer brain injuries due to negligence may recover compensation for emergency and ongoing medical treatment, cognitive rehabilitation and neuropsychological therapy, lost scholarship opportunities and academic impact, future medical monitoring for progressive brain conditions, pain and suffering, and impact on athletic career and quality of life. For young athletes, the long-term consequences of brain injuries can affect educational achievement, career trajectory, and lifetime earning capacity.

Why Choose Roden Law for Sports-Related Brain Injury Cases

Our attorneys understand both the medical science of sports concussions and the legal standards governing athletic organizations, schools, and recreational facilities. We hold negligent parties accountable while navigating the complex defenses these cases present. Contact us for a free consultation — no fee unless we win.

What to Do After a Brain Injury

Get evaluated even if you never lost consciousness. Most traumatic brain injuries do not involve blacking out. "Walked away from it" is how serious injuries go undocumented on day one.
Make sure every symptom is written into the record. Headaches, memory lapses, word-finding trouble, sleep disruption, irritability, and light or noise sensitivity. If it is not in the chart, it effectively did not happen.
Keep a daily symptom journal. Brain injury symptoms fluctuate, and a contemporaneous log is far more persuasive than trying to reconstruct a bad month a year later.
Ask someone close to you to write down what they notice. Families routinely see changes in temperament, patience, and follow-through that the injured person genuinely cannot perceive. That account carries real weight.
Follow through on every referral. Neurology, imaging, vestibular therapy, and neuropsychological testing. Missed appointments become the argument that you had recovered.
Do not give a recorded statement while you are symptomatic. Difficulty recalling detail is a symptom of the injury. On a transcript it reads as inconsistency, and it will be used that way.
Do not settle before the prognosis is known. Cognitive and behavioral effects can take a year or more to declare themselves, and the lifetime cost of a brain injury dwarfs the early offer. Roden Law offers free consultations.

The Rules That Apply

In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
In South Carolina, you have 3 years (S.C. Code § 15-3-530).
Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Brain Injury Lawyers →

Recent Case Results

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Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Can I sue a coach or school for my child's sports concussion?

Does the assumption of risk defense bar all sports injury claims?

What is Georgia's Return to Play Act?

Can I sue a helmet manufacturer if the helmet failed to prevent a brain injury?

What is the statute of limitations for a sports brain injury claim?

Contact Our Sports-Related Brain Injury Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.

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