Concussion Crisis: Do NCAA Athletes Have a Right to Sue for Sports Injuries?

The roar of the crowd, the thrill of the game, the pride of representing their school – these are the experiences that drive countless young athletes to compete in NCAA sports. However, beneath the glory lies a harsh reality: the risk of serious injuries, particularly concussions. With an estimated 3.8 million sport-related mild traumatic brain injuries (mTBIs) reported each year in the United States, the question arises: Do NCAA athletes have a right to sue for sports injuries, especially those related to concussions?

The NCAA’s Duty of Care: A Balancing Act

The NCAA Constitution, Article 2, emphasizes each member institution’s responsibility to protect the health and safety of student-athletes. NCAA President Mark Emmert has openly acknowledged the NCAA owes its student-athletes a moral obligation to protect their safety and well-being. This duty includes providing a safe environment and appropriate medical care. But what happens when these measures fall short, and athletes suffer long-term consequences from concussions?

Establishing Negligence: The Legal Hurdles

For a collegiate athlete to successfully sue for sports injuries, they typically need to prove negligence. This involves demonstrating:

Duty of Care: That the NCAA or the institution had a legal duty to protect the athlete from harm.
Breach of Duty: That they failed to meet this standard of care. For example, the NCAA breached its duty when it failed to enact policies, regulations, or educational programs aimed at mitigating brain injuries and concussions.
Causation: That the breach of duty directly caused the athlete’s injury.
Damages: That the athlete suffered actual harm as a result of the injury.

Even with great helmets and appropriate pads, concussions still happen.

The Concussion Crisis: A Growing Legal Battleground

The NCAA has faced numerous concussion lawsuits, with plaintiffs arguing that the organization and its member institutions failed to adequately protect them from repeated concussions and eventual brain injuries. These lawsuits often claim that teams pressured athletes to play despite exhibiting symptoms of a concussion, and that medical advice was either ignored or not readily available.

Landmark Cases and Settlements: Paving the Way

Several key legal events have shaped the landscape of concussion litigation involving the NCAA:

The NCAA Concussion Settlement: In a class action lawsuit, the NCAA reached a \$75 million settlement regarding a concussion lawsuit arising from the NCAA’s policy of allowing individual schools to create their own concussion protocols, which plaintiffs claimed put players at risk. The settlement provides medical monitoring for current and former NCAA athletes, as well as funding for research on concussion prevention and treatment. If you played a NCAA sport at a member school any time prior to July 15, 2016, you may be entitled to free medical screening and may receive free medical testing, known as “medical monitoring,” up to two times over the next 50 years. You do not need to have been diagnosed with a concussion to be a member of the medical monitoring class.
Hardin-Ploetz v. NCAA: This case, brought by the widow of a former University of Texas football player who suffered from CTE, was the first to reach a jury trial. Although the case was settled, it highlighted the potential for liability when the NCAA fails to protect athletes from brain injuries.
Geathers v. NCAA: In 2025, the NCAA was ordered to pay \$18 million to a former college football player diagnosed with dementia and CTE, after being found guilty of negligence due to a failure to warn players about concussion risks.

Challenges to Suing: Waivers, Assumption of Risk, and the Impact Rule

Despite these developments, athletes still face significant challenges when attempting to sue for sports injuries:

Waivers: Many colleges require athletes to sign waivers that limit the school’s liability for injuries. While not always enforceable, these waivers can present a legal hurdle.
Assumption of Risk: This legal doctrine suggests that athletes knowingly assume the inherent risks of participating in a sport, including the risk of injury.
The Impact Rule: Some states adhere to the “impact rule,” which requires physical contact in order for victims to recover financial compensation for non-economic damages.

The Long-Term Consequences: A Ticking Time Bomb

The long-term effects of concussions can be devastating. Repeated concussions and head impacts can lead to:

Cognitive Impairments: Difficulties with memory, attention, concentration, and processing speed.
Emotional and Behavioral Changes: Increased irritability, mood swings, depression, and anxiety.
Neurodegenerative Diseases: An increased risk of developing CTE and Alzheimer’s disease.

These long-term effects can significantly impact an individual’s quality of life, interfering with daily activities, relationships, and work.

The Statute of Limitations: A Race Against Time

It’s crucial for athletes to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In Illinois, the statute of limitations for personal injury cases is two years from the date the injury is sustained. However, the rules for when the clock begins to run are different. In medical malpractice cases, the statute of limitations begins to run the earlier of when you: Knew you were injured; Should have known you were injured; Received written notice of the injury. Missing this deadline means forfeiting the right to sue.

Protecting Athletes: A Call for Change

The concussion crisis in NCAA sports demands a multi-faceted approach:

Stronger Safety Protocols: Implementing and enforcing stricter concussion protocols, including independent medical evaluations and return-to-play guidelines.
Increased Education: Educating athletes, coaches, and staff about the risks of concussions and the importance of reporting symptoms.
Independent Medical Care: Ensuring that medical decisions are made by healthcare providers, not coaches, with the athlete’s best interests at heart.
Adequate Insurance Coverage: Mandating adequate injury insurance for athletes and institutional payment of athletic injury medical expenses not covered by insurance
NCAA Acceptance of Duty of Care: As a national collegiate athletic governance organization, the NCAA should mandate adequate injury insurance for athletes and institutional payment of athletic injury medical expenses not covered by insurance

Conclusion: Empowering Athletes Through Knowledge

The question of whether NCAA athletes have a right to sue for sports injuries is complex and multifaceted. While legal challenges exist, athletes are increasingly seeking legal recourse for the long-term consequences of concussions. By understanding their rights, the legal landscape, and the importance of safety protocols, NCAA athletes can empower themselves and advocate for a safer sporting environment.