Former Florida Gator and NFL star Aaron Hernandez committed suicide at the age of 27, locked in a prison cell in April 2017. This came two years after a jury found Hernandez guilty of the murder of Odin Lloyd. He was arrested for that crime in 2012, ending his burgeoning NFL career. Family, friends, and fans have long sought to understand how a life with so much promise could have taken such a dark turn. The answer may have arrived in September 2017, when an examination showed that Hernandez suffered from late-stage CTE.
Chronic Traumatic Encephalopathy (CTE) is a debilitating brain decease caused by repeated concussions. CTE can cripple a person’s ability to think clearly and to have emotional control. Severe CTE could explain Hernandez’s erratic and destructive behavior.
The Hernandez Family Claim
After learning about the extent of Aaron Hernandez’s CTE, his family filed a lawsuit against the NFL and the Patriots organization, claiming that each negligently failed to safeguard Hernandez from the harm of CTE. The lawsuit sought $20 million on behalf of Hernandez’s daughter. The suit was dropped a few days later, but it seems likely that the family will refile it in a different court.
Like all negligence claims, the Hernandez family must prove that the defendant owed them a duty, that the duty was negligently breached, and that the harm was caused by the negligence. The lawsuit they filed contended that the NFL and the Patriots were both “fully aware of the damage that could be inflicted from repetitive impact injuries and failed to disclose, treat or protect him from the dangers of such damage.”
Defendants’ Have Multiple Possible Defenses
The NFL has said it will vigorously contest the claim. One possible defense would be that Aaron Hernandez assumed the risk of the injury he suffered. This would be an interesting defense, because the danger of head injury football presents is obvious; however, the extent and degree of harm caused by CTE is perhaps less well known.
The defendants could also make the point that Hernandez may have suffered CTE before he was ever in the NFL, for instance, while he played football in college or high school. Thus, even if the NFL was negligent in failing to safeguard Hernandez, there may be no way of proving that this negligence was the cause of his harm. The Patriots organization, of which Hernandez was an employee, could also argue that Hernandez was injured on the job and thus must bring his claim under the Massachusetts Workers Compensation statute.
Contact Williams Elleby Howard & Easter, for More Information
The Hernandez case is high profile, but brain injuries affect millions of people each year. Most people with CTE or other brain injuries don’t go on to commit crimes, but many do suffer enduring mental, emotional, and psychological harm. If you or a loved or has suffered from CTE or any other brain injury as a result of someone else’s negligence or wrongful conduct, it is important to be aware of your legal rights and options.
Williams Elleby Howard & Easter, is dedicated to getting personal injury victims the compensation they deserve. We offer free consultations, so if you would like to discuss, contact us today at 833-LEGALGA.
