Ben Boscolo Helps Athlete through Injury Case

Athletes are human, too. When we witness athletes demonstrate their seemingly supernatural talents down fields or across courts, it becomes more difficult to believe that they, too, often endure many of the same struggles as the average person. But Ben Boscolo believes the same humanity is at the core of every case. When asked about the difference between representing professional athletes versus non-athletes, Ben remarked: “It’s really no different. Whether you represent a person who’s working on the field or a person who’s working in an office, it’s all the same.”

In fact, athletes are often at more of a disadvantage in the courtroom than some might expect. Ben explains: “Sometimes folks ask, ‘How is it consistent with taking care of the little guy?’ It’s really easy to answer that question. When it comes to players standing up against, for example, the behemoth that is the National Football League, the players are decidedly the underdogs. They have not a fraction of the resources that the league has to defend itself.”

Unfortunately, when aspiring athletes spend tens of thousands of hours practicing their sport of choice and chasing big breaks, they are often reluctant to bring to light any concerns that could inhibit their potential career opportunities.

This was one of the challenges Ben faced while fighting for a client whom, after being signed as a free agent to an NFL team, was severely injured while trying to make the primary cut. But Ben was not surprised: “He made a decision which many folks who dream of becoming professional athletes make – which was to not be completely candid about the health challenges he was facing.”

Ben’s client received a big hit during a play, resulting in a broken right arm. Whether due to adrenaline or shock, he did not immediately understand the extent of the injury, and – feeling fit to play – went back out on the field, in coordination with the defensive coach who advised him that he was still in. When another hit came on a subsequent play, it became clear only too late that he did not have the arm strength to adequately defend himself on his right side.

The unchecked impact further injured Ben’s client, resulting in not only further arm injuries but also head and neck injuries as well. To make matters worse, the trauma of the experience combined with the psychological effects of the head and neck injuries would then go on to take a mental toll on the player.

Despite a lack of medical records and challenges proving the continuity of the injuries, Ben and his team were able to secure a verdict in favor of his client, proving that his client’s neck injury and psychological condition were causally connected to his initial arm injury.

When asked what makes this win unique, Ben responded sincerely: “I love all of my clients equally. Winning doesn’t have to be unique. Winning is accomplishing your client’s goal, no matter what that may be. Ultimately, what I hope happens here is that my client gets the help he needs for the cognitive issues that he has been suffering from since he left the game. I hope he’s able to utilize the coverage he now has to get medical care to improve his quality of life.”

Ben credited Team Coordinator Heather Gardner as an integral factor in the outcome of this case and remarked that ChasenBoscolo teams benefit from the team members reliably counting on one another, a sentiment that other ChasenBoscolo lawyers regularly echo.

Ben Boscolo is the President of ChasenBoscolo and is integral to the client-first family-like culture of the firm. Fellow attorneys regularly remark that working for ChasenBoscolo feels like being part of a big family; a sentiment which comes as no surprise given Ben’s love for family: “We believe that family is the single most important thing in every person’s life. Being a lawyer is not what I do, it’s who I am. We always look for professional people who want purpose in their professional life the same way they want purpose in their family life.”

To people who are injured and facing an uphill battle but are intimidated by the thought of taking on the big defendants, Ben offered this advice: “What do you have to lose by going to court and telling your truth? My experience is that when folks are telling the truth – when they appear in front of a jury of their peers and tell their truth – the jury will make it right. That’s what justice is; holding the wrongdoer accountable for every damage that they caused.”