The participants in sporting contests often put themselves at risk of injury due to a variety of factors such as injuries occurring due to the conduct of another player or injuries occurring due to the referee or umpire not fully performing his duty of care to protect the players.
In both these cases a full analysis of negligence will need to be undertaken with such things as what can usually be expected to be part and parcel of that particular sport in the case of injuries caused by other participants and the laws of the game in relation to the conduct of the referee or umpire.
Cases of negligence
There are however, many other scenarios in which you may become injured due to another’s negligence in the sporting world. They are as follows:
- Caused by a dangerous defect on the pitch or court
- Caused by a dangerous defect in the equipment you have been supplied to use
- Caused by inadequate supervision or training where this would normally be required
- Caused by incorrect instructions from a formal instructor or trainer
- Caused by unsafe or poorly maintained equipment and facilities
The above types of accident would not be considered part of the normal, reasonable conduct that a participant in a sport would consent to and could give rise to a valid compensation claim.
More often than not sporting venues, schools and clubs will have adequate liability insurance in place to cover the above eventualities as personal injury claims.
Loss of earnings or other financial loss
In a lot of cases sports injuries can be serious and may result in the victim experiencing a loss of earnings or some other financial losses in addition to the physical pain caused by the injury.
Many people will, therefore, seek the advice of a solicitor experienced in sport injury cases so that their individual case will be assessed and advised on the best avenue of making a personal injury claim.
Claiming for Damages
If an individual suffers an injury whilst taking part in a sporting activity their first step should be to seek medical attention in order to determine the nature of the injury and to ensure that they receive the appropriate medical attention.
This will also be recorded on the medical records of that person if they later decide to make a claim.
Many people also feel that it is important to collect as much information as is possible if they are involved in an accident. This could include photographs and details or any witnesses where it is possible to gain this. If you incur any injury related expenses it is also advisable to keep full receipts of these as in certain cases it is possible that they can be reclaimed.
Before you make a claim you must consult a solicitor as in order to be provided with compensation you will be required to prove the three main elements of a negligence action:
- Duty of care
- That this duty of care was breached
- That the breach caused your personal injury
Sports Injury Compensation
There are two elements in relation to a compensation award. They are as follows:
- General damages
- Special damages
General damages will be awarded for the pain and suffering which you may have gone through following your injury and also for loss of amenity. For example you may be awarded money due to your inability to continue to do things after your injury. The award which may be given for loss of amenity will be in relation to things that you cannot do for a short while after your accident and will be supported by the requisite medical evidence.
Special damages are awarded for your loss and expenses. In relation to this an individual will be required to keep receipts as records of any expenditure which is related to the accident in order for them to be reclaimed.
The aim of special damages is to put an individual back in the position financially as if the accident had never occurred.
In cases involving a serious injury whereby a person may no longer be able to undertake their employment – this factor will be taken into account in assessing compensation. Costs for care, equipment, transport and housing modifications can also be taken into account when calculating compensation.
Loss of congenial employment
If a person cannot carry on their previous role particularly in relation to public sector roles such as in the medical profession or the police an extra amount of compensation may be awarded for loss of congenial employment.