A CTE lawyer helps athletes and their families pursue compensation after repeated head trauma leads to devastating neurological decline. Shrader & Associates has emerged as a leading CTE advocate following its landmark $140 million jury verdict in Davis v. NCAA. If you are considering pursuing a CTE lawsuit, it is essential to understand who can file, what compensation may be available, and why these cases in particular require specialized counsel.

What Is CTE and Why Does It Lead to Lawsuits? 

Chronic traumatic encephalopathy (CTE) is a progressive brain disease that’s often associated with repeated head impacts, including both diagnosed concussions and subconcussive blows. It has been linked to various contact sports, including football, hockey, soccer, wrestling, and boxing, according to the National Center for Biotechnology Information (NCBI). 

Common symptoms may include:

  • Memory loss
  • Confusion
  • Impaired judgment
  • Aggression
  • Depression
  • Progressive dementia

One challenging aspect of CTE is the fact that symptoms often develop years or decades after an athlete’s career ends. Also, a definitive diagnosis cannot be achieved without a post-mortem brain tissue examination. 

CTE lawsuits are often pursued following allegations that schools, athletic organizations, or governing bodies should have been aware of the risks associated with repetitive head trauma. In many instances, athletes weren’t adequately warned, safety protocols weren’t enforced, or long-term neurological consequences weren’t properly studied. 

Why CTE Cases Are Difficult and What It Takes to Win

CTE cases can be more complex than other injury and wrongful death claims, for various reasons. 

Proving Causation Without a Living Diagnosis

A successful CTE brain injury lawyer must often prove a case even though no definitive diagnosis was received during the athlete’s lifetime. Therefore, evidence must typically be presented showing:

  • A history of repetitive head impacts
  • Documented neurological and behavioral symptoms
  • Testimony from neurologists, neuropsychologists, and medical researchers
  • Medical records and witness accounts demonstrating cognitive decline

In these cases, expert witnesses often play a crucial role in connecting cumulative brain trauma to the athlete’s symptoms.

Establishing Institutional Negligence

To win a CTE lawsuit, there must typically be evidence that a governing body, school, or organization failed in its duty to protect athletes. This often requires a review of internal documents, communications, and policies showing what the institution knew and when. 

In Davis v. NCAA, the plaintiffs argued that NCAA records demonstrated awareness of long-term brain injury risks dating back decades. According to court filings and trial reports, a Dallas County jury awarded $30 million in compensatory damages and $110 million in punitive damages after hearing evidence regarding those allegations.

These cases demonstrate the importance of working with experienced counsel when seeking an NCAA CTE attorney, especially when uncovering institutional evidence and presenting complex medical testimony to a jury. For more information about NCAA-related claims, visit Shrader & Associates’ NCAA head injury page.

Navigating Statutes of Limitations

CTE symptoms often don’t emerge until decades after exposure to repeated head trauma. Every state imposes deadlines for filing injury and wrongful death claims, and in CTE cases, determining when a statute of limitations begins to run can be highly contested.  

It helps to contact a football brain injury lawyer or CTE attorney as early as possible to improve the chances of preserving evidence and important legal rights.

Who Can File a CTE Lawsuit?

Potential claimants in a CTE lawsuit may include:

Former College Athletes

Those athletes who participated in contact sports at NCAA member institutions have grounds to investigate legal claims if they experience memory loss, cognitive decline, mood disorders, or early-onset dementia.

Family Members of Deceased Athletes

Surviving spouses, children, and estate representatives may pursue wrongful death or survival claims. An experienced CTE wrongful death lawyer can evaluate whether repetitive head trauma contributed to an athlete’s decline and death.

What Compensation Is Available in a CTE Case?

Each case is unique, so the value of a CTE settlement or verdict depends on individual facts, applicable state law, and the severity of the injuries involved.

Potential compensation may include:

Economic Damages

  • Medical expenses
  • Long-term care costs
  • Rehabilitation expenses
  • Lost wages
  • Loss of future earning capacity

Non-Economic Damages

  • Pain and suffering
  • Emotional distress
  • Loss of quality of life
  • Loss of companionship 

Punitive Damages

In some cases, punitive damages may be sought when a defendant’s conduct is found to be especially reckless or egregious. Under Texas law and the laws of many other states, punitive damages are intended to punish wrongful conduct and deter similar behavior in the future.

It is well worth speaking directly to a CTE lawyer to discuss the facts of your individual case and how state law applies to you. 

Why Choose Shrader & Associates for Your CTE Case?

Shrader & Associates has built a national reputation as a litigation firm with decades of experience handling complex cases, such as those involving complex injury and toxic exposure. 

Our approach to CTE litigation includes:

  • Thorough factual investigation
  • Collaboration with leading medical and scientific experts
  • Extensive trial experience
  • Resources to pursue claims against large institutions

We have recovered more than $1 billion in settlements and verdicts across practice areas and represent clients throughout all 50 states. Specifically regarding CTE, our $140 million verdict in Davis v. NCAA demonstrates our willingness to take on powerful organizations in court and our ability to obtain meaningful compensation for athletes and their families.

Contact a CTE Lawyer Today

If you or a loved one has been affected by CTE following college sports, youth athletics, football participation, or other organized activities, contact Shrader & Associates for a free consultation

One of our experienced CTE lawyers can evaluate your situation, explain your legal options, and determine whether a CTE lawsuit may be appropriate.

Contact Shrader & Associates today.

Phone: (866) 262-8170