NFL Concussion Settlement: Understanding Your Rights and Claim Eligibility

NFL Concussion Settlement: Understanding Your Rights and Claim Eligibility

The roar of the crowd, the bone-crushing hits, and the unwavering dedication – these are the hallmarks of the National Football League (NFL). However, beneath the glory lies a harsh reality: the long-term neurological consequences faced by many retired players. The NFL Concussion Settlement, a landmark agreement, aims to provide compensation and support to those affected by these injuries. But navigating this complex legal landscape can be daunting. This guide serves as your comprehensive resource for understanding your rights and determining your eligibility for the NFL Concussion Settlement.

The Genesis of the Settlement

In 2011, a class-action lawsuit was filed against the NFL by 73 former players, alleging that the league concealed the dangers of concussions for decades. The lawsuit claimed the NFL knew as early as the 1920s about the harmful effects of concussions but failed to warn players, coaches, trainers, and the public until 2010. The NFL began warning active players of the risks associated with multiple concussions only in 2010. The case settled in 2013 for $765 million. However, the federal judge overseeing the case was concerned that the amount would not be enough to provide for the now 20,000 ex-NFL players covered under the suit. In 2015, Senior U.S. District Judge Brody approved a plan to resolve the lawsuit at a cost of $1 billion paid out by the NFL over 65 years to the members of the class. As of November 22, 2021, 1,367 awards have been paid, totaling $938.2 million, or about $686,346 per recipient.

Who is Eligible for the NFL Concussion Settlement?

The NFL Concussion Settlement covers a broad range of individuals connected to the NFL and suffering from specific conditions. Eligibility is primarily determined by:

  • Retirement Date: Generally, the settlement applies to players who retired from the NFL on or before July 7, 2014.

  • Qualifying Diagnoses: The settlement provides compensation for specific neurological conditions linked to repeated head trauma. These include:

    • Amyotrophic Lateral Sclerosis (ALS), also known as Lou Gehrig’s Disease
    • Parkinson’s Disease
    • Alzheimer’s Disease
    • Level 2 Neurocognitive Impairment (i.e., moderate Dementia)
    • Level 1.5 Neurocognitive Impairment (i.e., early Dementia)
    • Death with Chronic Traumatic Encephalopathy (CTE) diagnosis
    • NFL Service: Players must have played at least one-half season in the NFL, American Football League (AFL), World League of American Football, NFL Europe League, or NFL Europa League.

The settlement class includes all retired players of the NFL, American Football League (“AFL”), World League of American Football, NFL Europe League and NFL Europa League, as well as authorized representatives of deceased, legally incapacitated or incompetent retired players and family members of retired players who meet certain criteria.

Understanding Your Rights

As a retired NFL player, or a representative of one, understanding your rights under the settlement is crucial. These rights include:

  • Monetary Awards: Eligible retired players can receive financial compensation based on their qualifying diagnosis, age, and years of service in the NFL. The maximum monetary awards range from $1.5 million to $5 million depending on the diagnosis.
  • Baseline Assessment Program (BAP): The settlement provides access to free baseline neuropsychological and neurological exams to determine if retired players are currently suffering from cognitive impairment.
  • Appeals Process: If your claim is denied, you have the right to appeal the decision.
  • Representation: You have the right to seek legal representation to assist you with the claims process.

The Claims Process: A Step-by-Step Guide

Navigating the NFL Concussion Settlement claims process can be complex. Here’s a breakdown of the key steps:

  1. Registration: Register as a claimant with the settlement administrator.
  2. Baseline Assessment: Undergo a baseline neuropsychological and neurological assessment to determine your level of impairment.
  3. Diagnosis: Obtain a qualifying diagnosis from a board-certified neurologist.
  4. Claim Submission: Submit a claim package, including the Claim Form, Diagnosing Physician Certification Form, medical records, HIPAA Authorization, and records demonstrating NFL service.
  5. Claim Review: The claims administrator will review your claim and determine your eligibility for compensation.
  6. Appeals (If Necessary): If your claim is denied, you have the right to appeal the decision.

Common Challenges and How to Overcome Them

While the NFL Concussion Settlement aims to provide support to affected players, the claims process is not without its challenges. Some common hurdles include:

  • Claim Denials: Many claims have been denied due to various reasons, such as insufficient evidence or disputes over the diagnosis.
  • Delays: The claims process can be lengthy, with some players waiting months or even years for a decision.
  • Complexity: The paperwork and legal requirements can be overwhelming.

To overcome these challenges, it’s crucial to:

  • Gather Comprehensive Medical Records: Ensure you have all relevant medical records to support your claim.
  • Seek Expert Medical Opinions: Consult with qualified neurologists and neuropsychologists who have experience in diagnosing and treating concussion-related conditions.
  • Obtain Legal Representation: An experienced attorney can guide you through the claims process, advocate on your behalf, and help you navigate any legal challenges.

The Importance of Legal Counsel

The NFL Concussion Settlement is a complex legal matter, and seeking legal counsel can be invaluable. An experienced attorney can:

  • Evaluate your eligibility for the settlement.
  • Gather and organize the necessary documentation.
  • Navigate the claims process.
  • Represent you in any appeals.
  • Ensure your rights are protected.

The Future of the Settlement

The NFL Concussion Settlement is an ongoing process, with claims being reviewed and paid out over the next 65 years. While the settlement has faced criticism and challenges, it remains a vital resource for retired NFL players and their families affected by the long-term consequences of head trauma.

Taking Action

If you believe you may be eligible for the NFL Concussion Settlement, it’s essential to take action to protect your rights. Contact an experienced attorney to discuss your case and explore your options. Don’t wait – your future and the well-being of your family may depend on it.