Sports Injury Claim
What can I claim if I have a sporting injury?
Physical sports carry an expected certain level of risk for those involved. Sporting injuries can occur that are simply not preventable. If you agree to play a sport it is agreed that you have consented to a natural level of risk of a sporting injury. However, if a sports injury occurs that is not part of normal play, it is possible for you to claim to compensate for injuries and the resulting potential loss of earning and inconvenience.
It doesn’t matter if you are injured playing professionally or on a recreational basis, you are entitled to claim for a sporting injury if someone is to blame for the incident. In order for the blame to exist, the injury must result from reckless or dangerous contact beyond the normal expected range in a particular sport. You can also claim if you get a sporting injury because of a failure in supervision, refereeing or umpiring in the sport or activity.
There are also cases of spectators of sport claiming injuries, these are primarily against the organization behind the sport/activity or the owners of the stadium or leisure centre.
What can I claim?
There are two main elements to compensation with regards to sporting injury. The first factor is the pain and suffering you have gone through due to the sports injury, this otherwise known as loss of amenity. In claimant terms this is called general damages, if you have a sporting injury and want to claim damages you can take into account the effect the injury has on your ability to carry out tasks. For example, before the injury you were able to climb a ladder, walk the dog, clean the house etc. The award or compensation for the loss of amenity takes into account both the short period after the accident or the long term based upon the medical evidence.
The second element to sports injury compensation is for personal losses and expenses, this is also known as special damages. If you are claiming for a sport injury it is imperative to keep receipts for expenditure related to the accident so that you are able to reclaim the costs.
If the sporting injury is serious whereby a person can’t continue their current employment, then this can also be taken into account with the claim. If you are able to continue to work but not in the same capacity as before, then an extra amount can be claimed for loss of ‘congenial employment’. Your sporting injury may also affect your future job prospects; this is also taken into account by the courts when deciding on the compensation amount.
If the sporting injury is fatal, then dependant relatives of the deceased are able to claim for bereavement and funeral expenses along with compensation for loss of income and contribution to the household.
It doesn’t matter if you are injured playing professionally or on a recreational basis, you are entitled to claim for a sporting injury if someone is to blame for the incident. In order for the blame to exist, the injury must result from reckless or dangerous contact beyond the normal expected range in a particular sport. You can also claim if you get a sporting injury because of a failure in supervision, refereeing or umpiring in the sport or activity.
There are also cases of spectators of sport claiming injuries, these are primarily against the organization behind the sport/activity or the owners of the stadium or leisure centre.
What can I claim?
There are two main elements to compensation with regards to sporting injury. The first factor is the pain and suffering you have gone through due to the sports injury, this otherwise known as loss of amenity. In claimant terms this is called general damages, if you have a sporting injury and want to claim damages you can take into account the effect the injury has on your ability to carry out tasks. For example, before the injury you were able to climb a ladder, walk the dog, clean the house etc. The award or compensation for the loss of amenity takes into account both the short period after the accident or the long term based upon the medical evidence.
The second element to sports injury compensation is for personal losses and expenses, this is also known as special damages. If you are claiming for a sport injury it is imperative to keep receipts for expenditure related to the accident so that you are able to reclaim the costs.
If the sporting injury is serious whereby a person can’t continue their current employment, then this can also be taken into account with the claim. If you are able to continue to work but not in the same capacity as before, then an extra amount can be claimed for loss of ‘congenial employment’. Your sporting injury may also affect your future job prospects; this is also taken into account by the courts when deciding on the compensation amount.
If the sporting injury is fatal, then dependant relatives of the deceased are able to claim for bereavement and funeral expenses along with compensation for loss of income and contribution to the household.
