Suffering from CTE or old concussions? Read the FAQs

General Questions

What are the symptoms that I should be most concerned about that could relate to concussions I had playing high school or college football?

According the medical experts, the following symptoms could be signs of serious brain injuries related to concussions or hits incurred while playing football: memory loss, confusion, impaired judgment, impulse control problems, anger control problems, un-checked aggression, depression, anxiety, thoughts of suicide, Parkinsonism, Alzheimer’s, and/or dementia.

What if I (or my loved one) only display some of the symptoms of CTE or other traumatic brain injuries (including memory loss, confusion, impaired judgment, impulse control problems, aggression, depression, anxiety, thoughts of suicide, Parkinsonism, Alzheimer’s and/or dementia)?

You can still call us for a free legal consultation about your (or your loved one’s) potential claim even if not showing all the symptoms of CTE or other brain injuries described above. Whether you or your loved one has a claim may depend on the number of concussions suffered, the severity of any resulting injury, and the symptoms that can be identified. If you are suffering any severe symptoms now (including blackouts, dizziness throughout the day, etc.) you should seek medical treatment immediately.

What is CTE? How is it different from “traumatic brain injury”?

CTE is a serious medical condition which is short for Chronic Traumatic Encephalopathy. CTE is a progressive degenerative disease of the brain found in people with a history of repetitive brain trauma, including symptomatic concussions as well as sub-concussive (serious hits not considered to be concussions) and hits to the head that do not cause symptoms. CTE has been known to affect boxers since the 1920’s (when it was termed punch drunk syndrome or dementia pugilistica). However, more recently the disease has been found in other athletes, mostly football players. CTE is not limited to professional athletes; it has also been found in athletes who did not play sports after high school or college. The repeated brain trauma triggers progressive degeneration of the brain tissue, including the build-up of an abnormal protein called tau. The brain degeneration is associated with common symptoms of CTE including memory loss, confusion, impaired judgment, impulse control problems, aggression, depression, suicidality, parkinsonism, and eventually progressive dementia. These symptoms often begin years, or even decades after the last brain trauma or end of active athletic involvement. A traumatic brain injury includes things like individual concussions, that can lead to CTE.

I thought CTE could only be diagnosed on autopsy, and not simply by symptoms while alive—how can I know if I have CTE?

Certain medical articles state that an autopsy is the only definitive means of diagnosing CTE. However, signs of CTE begin to appear long before death, and recent innovations in testing, scanning, and imaging allow medical experts to diagnose CTE with much greater certainty in former athletes who are still living. Our law firm has engaged experts who based on science have determined, and more importantly will testify, that CTE can now be definitively diagnosed using certain brain scan and imaging technology coupled with other tests and symptoms.

What if I have not yet been diagnosed with CTE or traumatic brain injuries?

Many players are not diagnosed with likely CTE or traumatic brain injury until several years after signs and symptoms begin to appear. Recent technological and medical improvements can help detect signs of CTE and brain injury much earlier than was previously thought possible. If you believe you may be suffering from these serious medical problems, please contact us for a free legal consultation to determine whether you may have a claim.

What if my son or brother played and suffered concussions?

If a member of your family played football, suffered concussions, and is showing some of the symptoms of CTE listed above, you can call us for a free legal consultation to see if you and your family members may have a claim.

What if I only had 1 concussion, or one of my concussions was described as “mild”?

While signs of CTE and other brain injuries are more frequent in players who suffered multiple concussions, even one concussion can lead to serious long-term effects. This is especially true when players suffer multiple “sub-concussive” hits and impacts over the course of their football career that may have been called “mild” at the time of the hits. If you believe you may be suffering from the symptoms listed above, please contact us for a free legal consultation to determine whether you may have a claim

What if I played before 1995? Why 1995 -2014?

Even if you played before 1995, and have several of the long-term concussion symptoms we discuss, you can contact us for a free legal consultation to determine whether you may have a claim, which will depend on the specific facts of your playing career and medical history. We are focusing on players who played between 1995-2014 based on specific pieces of information we believe were known by the NCAA, several conferences and helmet manufacturers at that time, and because of other legal strategy issues.

Why aren’t you suing the colleges?

We plan to bring suits on behalf of our clients against the NCAA, certain college football conferences, and certain helmet manufacturers, including Riddell. We will not be suing schools or universities at this time and have no plans to do so in the future. If you are interested in suing your former school, we encourage you to speak to other lawyers or law firms who are bringing concussion lawsuits against schools.

What if I didn’t play football in college?

You may have a claim even if you didn’t play college football. If you played high school football, suffered concussions, and are now displaying some of the symptoms of CTE listed above, please contact us for a free legal consultation to determine whether you may have a claim.

Who would I sue for high school concussion injuries?

Helmet manufacturers and perhaps other high school athletics-supervising entities.

What if I don’t know what brand of helmet that I used?

Even if you don’t know for sure what brand of helmet you wore, you may still contact us for a free legal consultation. Certain states, like Texas, require that schools maintain records of football helmets worn by student athletes dating back a number of years. In addition, we may be able to determine what type of helmet you wore based on discovery in the case, or based on old photographs, programs, or videos of you as a player.

What if my coaches, trainers or team doctors said I was “ok” after I suffered a concussion?

You are not alone, and should contact us for a free legal consultation. Unfortunately, numerous student athletes were put back into play after suffering concussions by their coaches, trainers and team doctors despite the serious long-term risks to those players. The NCAA and several conferences, who took on the duty to protect student athletes.

What if I played Division II, Division III, or Junior College?

If you played college or high school football at any level, suffered concussions, and are now suffering some of the symptoms listed above, you should contact us for a free legal consultation to determine whether or not you may have a claim. Our cases are not limited to Division I players only. Division II, III, Junior college, and high school players may all have claims.

Questions About the Lawsuit

Is your lawsuit or your law firm against football as a sport?

Absolutely not. We love football and appreciate the sport’s long history in this country. Most of the lawyers in our firm played football, but we want to ensure the sport is safe for all players. We especially want to make sure former players are cared for if they were injured as the result of concussions combined with the wrongdoing of others.

Who will you be suing in these lawsuits?

Can I sign up for a loved one who won’t admit they probably have long-term problems from concussions suffered years ago?

In most cases, your loved one will need to agree to be represented by our firm and agree to be a plaintiff in this lawsuit. In certain cases, such as if you are the legal guardian of your loved one, have a power of attorney for your loved one, or are the executor of his estate, you may be able to sign up on his behalf. Please contact us for more information.

Is there any urgency to filing a lawsuit now? Why can’t I wait to see if I develop more symptoms?

Yes. There are certain deadlines that may cutoff your ability to bring a lawsuit, depending on when you first became aware or should have become aware of your claim. These are known as “statutes of limitation” and vary by state. Time is of the essence so if you believe you may have a claim you should contact an attorney immediately.

Will the lawsuit need to include or involve my spouse?

In most states a spouse can recover for injuries to a husband, especially if married at the time of injury. A spouse is not required to join the lawsuit, but to assert that spouse’s claim (usually called “loss of consortium”) the spouse must join the lawsuit.

Will I need to pay legal fees to be included in a lawsuit?

Only if there is a recovery for you. Click here to view our standard form Contingent Fee Agreement for these concussion cases. There are no up-front legal fees, and you will pay no attorneys’ fees unless you recover, and then solely based on a pre-agreed percentage of your recovery, if any. Court costs, litigation expenses, and litigation medical expert bills are advanced by this firm, and then reimbursed to the firm from your share of the recovery, if any. If there is no recovery, you will not be responsible for any court costs, litigation expenses, or medical expert bills. Please note, signing the fee agreement will not mean we are representing you or that we’ve agreed to take on your case. If we determine your case has merit and agree to represent you, we will provide you fee agreement signed by one of our attorneys. You are not represented by our law firm or any of our lawyers until you receive a copy of the fee agreement signed by one of our lawyers.

What will this cost me in terms of time and money?

You will not pay any up-front legal fees, and you will pay no attorney’s fees unless you recover. Court costs, litigation expenses, and litigation medical expert bills are paid from your share of the recovery, if any. If there is no recovery, you will not be responsible for any court costs or litigation expenses, except for unpaid medical bills. There is no guarantee when and if you will recover if you decide to file a lawsuit, but lawsuits often take several years to resolve or try. And since there has not yet been liability adjudged in any concussion lawsuit in the country against the defendants we will be targeting, it could take even longer, with no guaranty of success.

Have any helmet manufacturers, any conference, any team or NCAA paid any damages for these concussion claims so far?

While there have been numerous verdicts and settlements regarding catastrophic injuries on the football field involving helmet makers in the past (both for and against defendants), the NCAA and helmet makers have not yet agreed to pay any personal injury damages for players suffering from CTE, and there have been no verdicts or judgments yet forcing them to do so. The NCAA did recently agree to settle a class action brought by former athletes in a medical monitoring suit. In that case, the NCAA agreed to fund a $70 million multi-year medical monitoring program for former NCAA athletes exhibiting some signs of brain trauma. In addition, the NFL recently agreed to settle a class action lawsuit and pay damages to certain former players now exhibiting signs of CTE. Our reasoning is that for many of the same reasons the NFL could have been found liable to the concussion plaintiffs who were NFL players (including taking primary responsibility for player safety), and so it agreed to settle, the NCAA should be responsible.

If these are relatively new and untested claims in the courts, why do you believe you can successfully represent me?

There is no guarantee this litigation will be successful. However, we believe evidence exists showing the NCAA, certain helmet manufacturers, and conferences had duties to the football players, knew or should have known about the risks to their athletes, and chose to ignore those risks to the detriment of the athletes.

What if I want to wait to see if the NCAA Medical Monitoring Settlement identifies me as someone with CTE or other brain injury?

Nothing in the NCAA monitoring settlement prevents former NCAA athletes from bringing separate personal injury claims in a lawsuit with our firm. Now. If you qualify for the monitoring program and you decide to wait to bring a claim, you should be aware there are certain deadlines that may cutoff your ability to bring a lawsuit for personal injury, depending on when you first became aware or should have become aware of your claim. These are known as “statutes of limitation” and vary by state. In some states these periods of limitations are very short. Time is of the essence so if you believe you may have a claim you should contact an attorney immediately.

What categories of damages could I potentially be seeking?

Depending on the facts of your case, we plan to seek damages for (1) future care plan costs (medical, physical therapy, psychological, prescriptions/medications, in-home care, etc); (2) loss of earning capacity; and (3) loss of past earnings. Other damage categories include bystander trauma liability (other family members), loss of affection/consortium (spouses), past medical expenses, past earning losses, and breach of contract damages against the NCAA (which could allow for the recovery of attorney’s fees related to the contract claim).

How will your law firm be paid for representing me if you agree to take my case?

If you decide to engage us and we agree to take your case, our firm will not receive any fee or compensation unless we obtain a recovery for you, either after trial or in a settlement. You will pay no attorney’s fees unless you recover. Court costs, litigation expenses, and medical bills are paid from your share of the recovery, if any. If there is no recovery, you will not be responsible for any court costs or litigation expenses. There is no guarantee when and if you will recover any money if you decide to file a lawsuit, but lawsuits often take several years to resolve or try.

Questions About Circelli, Walter & Young, PLLC Law

Why should I hire your law firm?

The decision to hire an attorney is a very important one. You should independently investigate any lawyer’s credentials, experience, and expertise before deciding to hire that lawyer. There are other firms and lawyers suing the NCAA and Riddell, and we encourage you to investigate all your options. You can read more about our law firm at www.CWYLaw.com

What success has the firm had in other commercial litigation or personal injury cases?

Past success in other lawsuits can never guarantee future results. You can learn more about our law firm, our litigation experience, and our principal lawyers at www.CWYLaw.com

Who are the firm’s principals?

Vincent P. Circelli – Click here to learn more http://www.cwylaw.com/Vincent

Kelli L. Walter – Click here to learn more http://www.cwylaw.com/kellie

George Parker Young – Click here to learn more http://www.cwylaw.com/george

Next Steps

What information do you need from me?

If you are interested in a free legal consultation, please take a few minutes to fill out our preliminary information survey [link]. Our staff will contact you shortly after you submit the survey, and this is usually followed up by a call with one of the firm’s name partners. Generally, we need to know when you played football, where, what type of helmet you wore (if you know), whether you suffered concussions, how many, whether you are now suffering some or all of the symptoms of CTE(including memory loss, confusion, impaired judgment, impulse control problems, aggression, depression, anxiety, thoughts of suicide, parkinsonism, and/or dementia), and whether you ever visited a doctor for either concussions or your current symptoms. Filling out the survey will not guarantee we will take your case, and does not create an attorney-client relationship.

Do I need to go to the doctor before I consider joining the lawsuit?

No. But if you have visited the doctor before for any of the concerning symptoms, please begin pulling copies of any medical records you still have. We may ask you to provide that information to us depending on the facts of your potential case.

How will I know whether you will agree to take my case, that I will be included in the lawsuit as one of the named plaintiffs?

If we agree to take your case, and after you have signed our Contingent Fee Agreement, we will also sign that Agreement, and return a copy to you signed by both of us. Until then—until we have signed and returned that Contingent Fee Agreement to you—we have not taken your case or agreed to represent you.

If you agree to take my case, how long will it take to get my lawsuit filed, and where is it likely to be filed?

After we receive everything we need from you, the review and screening process may take up to three weeks before we agree to take your case. Once we agree and have received all of your available records, we will immediately file your case. The location of the filing will depend on the facts of your case, the places you played football, and the defendants. Most cases will likely be filed in state court in Texas (where certain conferences and helmet makers are based), or in federal court in the Southern District of Indiana (where the NCAA is based). Again, filing location will vary from client to client.

If I have other concussion-related questions but am not sure I’m ready to fill out the survey or sign up with your firm, can I still call you with questions?

Of course, please call us at 888-483-9907. We would be glad to try to answer any questions you may have, and we also are glad to provide you with more information on the NCAA Medical Monitoring Settlement as public service even if you never sign up as a client.