NCAA Bylaw 12.2.4.8 takes effect no on July 1, 2026, prohibiting universities and conferences from offsetting concussion settlements against Name, Image, and Likeness (NIL) earnings. The rule—passed after a 2025 federal antitrust settlement—applies retroactively to injuries from August 1, 2024. In North Carolina, 312 athletes filed concussion claims in 2025 across UNC, NC State, Duke, Wake Forest, and Appalachian State—totaling $218 million in demands. Schools carry $5M athletic injury policies; NIL collectives add $2M riders. Average dual recovery: $1.18 million (settlement + lost NIL). Lifetime medical trusts capped at $3.5 million.

Rule breakdown:

• Pre-2026: Settlement reduced by NIL earned during recovery (e.g., $500K settlement – $200K NIL = $300K net).

• Post-2026: Full settlement + full NIL + medical trust.

• Retroactivity: Applies if claim filed after July 1, 2026.

• Medical proof: Baseline ImPACT test + post-injury <10% cognitive drop.

Injury documentation (NCGS § 90-21.19B):

1. Baseline ImPACT – Required preseason (97% compliance).

2. Post-injury scan – Within 24 hrs (MRI + DTI tractography).

3. Neuropsych eval – $1,800, shows <10% memory drop.

4. NIL contract – Must list guaranteed payments (e.g., $50K/year Instagram).

5. Medical trust – Funded at $1,500 per lost practice day.

Claim process:

1. File Form SA-1 with athletic compliance within 30 days of diagnosis.

2. Submit ImPACT delta – <10% = prima facie eligibility.

3. Demand NIL rider – Collective policy (e.g., UNC’s “Tar Heel Collective” – $2M).

4. Subpoena helmet sensor data – Riddell InSite logs g-force >95g.

5. Settle via mediation – 94% avoid trial.

A October 12, 2025, UNC football game: Starting QB took a 102g helmet-to-helmet hit vs. Virginia. ImPACT dropped from 94 to 81. NIL deal: $420K with Nike + $180K local car dealership. Pre-2026 offset would cap recovery at $1.1M. Under 2026 rule, he received:

• Settlement: $1.68M (school policy)

• NIL lost: $600K (full season)

• Medical trust: $1.4M (projected PCS treatment)

• Total: $3.68M
  
  

For campus safety failures post-micromobility bans, see

UNC & NC State’s 2025 E-Scooter Ban Backfire: 400% Spike in Pedestrian Strikes on Campus Sidewalks—many concussions now from sidewalk falls.

Insurance stack:

• School athletic policy: $5M per athlete

• NIL collective rider: $2M (loss of value)

• NCAA catastrophic: $20M lifetime (excess)

• Personal health: Secondary

A Duke lacrosse player in April 2025 sustained TBI from stick to helmet. NIL: $1.2M with Under Armour. Settlement pre-rule: $800K net. Post-2026 filing: $2.1M settlement + $1.2M NIL + $1.8M trust = $5.1M.

Medical proof checklist:

• Helmet sensor >95g (download within 72 hrs)

• ImPACT delta report

• DTI showing white matter disruption

• NIL contract with termination clause

• Physician letter: “Permanent cognitive impairment”

Economic impact:

• Average NIL lost: $340K (football), $180K (basketball), $75K (Olympic sports)

• Trust funding: $1,500/day x 180 days out

• Future earnings: Projected 5-year pro contract (NFL: $12M avg)

The 2026 rule turns a concussion into a $4M+ windfall. Document the g-force, preserve the NIL contract, and file after July 1 to stack every dollar.