A Guide To Making Sporting Injury Claims
Find out more about making sporting injury claims with one of our dedicated personal injury solicitors.
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A Guide To Making Sporting Injury Claims
Find out more about making sporting injury claims with our dedicated personal injury solicitors.
For many of us, participating in sports is an important part of both our social lives and fitness regimen. However, when things go wrong, the injuries sustained can be severe. That’s why we have made this guide to making sporting injury claims.
We’ll go over key areas of the personal injury claims process including the eligibility criteria, how personal injury compensation is calculated, what circumstances can give rise to sporting accidents and how our expert solicitors could help you claim.
Our final section looks at the No Win No Fee contract our solicitors can offer their services under, paying particular attention to the benefits to you of claiming under such terms.
For a free eligibility assessment or to ask any questions you may have, contact our advisory team today via the details provided here:
- Call us on 0151 375 9916.
- You can also contact us online by completing this form.
How Much Compensation Could I Claim?
Compensation in sporting injury claims is calculated under two different heads of claim, general and special damages. These compensate for the pain and suffering caused and financial losses, respectively.
We’ll go over special damages in a later section. Those tasked with calculating a general damages figure can refer to the medical evidence you provided in conjunction with the Judicial College Guidelines (JCG).
The JCG document contains guideline award brackets for various injuries, some of which you can see in the table here.
Compensation Table
Please be advised that the first entry in this table was not taken from the JCG and that this information is intended to act as guidance only.
| Type of Injury | Severity | Guideline Award Figure | Notes |
|---|---|---|---|
| Multiple Very Severe Injuries with Special Damages | Very Severe | Up to £1,000,000 + | Multiple very severe injuries as well substantial financial losses including lost income, care costs and medical bills. |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 | Little to no environmental response or language function requiring full time nursing care. |
| Moderately Severe (b) | £267,340 to £344,150 | Very serious disablement with substantial dependence on others. This bracket include both physical and cognitive impairments. | |
| Back Injuries | Severe (a)(ii) | £90,510 to £107,910 | Cases involving damage to nerve roots and associated loss of sensation, impaired mobility and loss of bladder function. |
| Severe (a)(iii) | £47,320 to £85,100 | Disc lesions, fractures or soft tissue damage causing chronic conditions and disabilities despite treatment. | |
| Injuries Affecting Sight | Loss of Sight in One Eye (e) | £60,130 to £66,920 | A complete loss of sight in a single eye |
| Ankle Injuries | Severe (b) | £38,210 to £61,090 | Injuries requiring extensive treatment and resulting in significant residual disabilities. |
| Moderate (c) | £16,770 to £32,450 | Fractures, torn ligaments and similar injuries that result in less serious disabilities such as difficulties on uneven ground. | |
| Skeletal Injuries | Fractures of Jaws (e)(ii) | £21,920 to £37,210 | Serious fractures with permanent consequences such difficulty opening the mouth. |
| Fractures of Jaws (e)(iii) | £7,880 to £10,660 | Simple fractures requiring immobilisation but from which a full recovery is made. |
Special Damages In Relation To Your Claim
The second of the two heads of loss is known as special damages. Special damages can be awarded for costs stemming from your injuries. This includes both immediate and future losses so it is very often the case that awards paid out under special damages will be higher than those under general damages.
Examples of costs you could be reimbursed for include:
Loss of earnings due to time taken off work to recover from your injuries.
Out-of-pocket medical expenses such as prescriptions or therapy sessions.
Accessibility modifications to your home. For example a stairlift, accessible shower or door ramps.
Support with child care, or domestic tasks such as food preparation and cleaning.
Make sure you hold onto documentation such as your payslips, receipts, and prescription letters as proof of any costs you have incurred. To get a free assessment of your eligibility and a more personalised idea of what your potential claim could be worth, speak to our advisory team today.
Am I Eligible To Make A Sports Injury Claim?
The Occupiers’ Liability Act 1957 imposes a duty of care on those in control of public spaces to take steps to ensure the reasonable safety of all visitors to the premises. In terms of preventing sporting injuries, this can include ensuring the area of play is fit for use with regular inspections and maintenance, and checking any sports equipment is in working order.
The eligibility criteria for sporting injury claims have been summarised here:
- You were owed a duty of care.
- This duty was breached by the party in control of the sports ground.
- As a result of this breach, you suffered an injury.
Liability In Sporting Injuries
Establishing liability for sporting injuries isn’t always easy. Competing in sports at any level comes with a certain risk factor, especially in contact sports such as rugby or combat sports like boxing. However, the organisers of the sporting event owe a duty of care to the participants to keep them safe.
In most cases, a sporting injury claim is made against the insurance policy held by the organisers of the event or the public liability insurance held by those in control of the premises.
To get a free assessment of your eligibility to claim for a sporting injury, contact our advisory team today.
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Common Causes Of Sports Injuries That Lead To Claims
Sporting injury claims can be made in a number of different circumstances. We have set out a few examples here:
- You broke your ankle after tripping over a hole in the local football pitch during a match. The club had failed to carry out proper inspections and repair the pitch before starting the day’s games.
- During a training session at a boxing club, the referee failed to stop the practice match despite you showing clear signs of injury. You suffered serious damage to your jaw and left ear because of this.
- While playing tennis at your local club, the racket you had been provided with snapped. The faulty equipment had been known about but staff had signed out the rackets anyway. A piece of racket hit you in the eye at speed, damaging your sight.
You can speak to our advisors about making a claim in your particular circumstances. Our team is available 24 hours day via the contact information provided below.
Types Of Injuries You Can Claim For
Sporting injury claims cover a broad range of injuries, which we can’t possibly cover all of in this guide. Nevertheless, we have set out a few examples here:
- Broken bones.
- Brain damage and head injuries.
- Cuts and lacerations, along with other soft tissue injuries.
- Hernias.
- Tendon and ligament tears.
- Spinal cord injuries and nerve damage.
- Injuries that affect the senses, such as eye injuries.
You can find out more about claiming in your particular circumstances by speaking to our advisory team. Get in touch today using the contact information given below.
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How To Claim
Having examined the eligibility criteria and the sorts of injuries sporting accidents can lead to, we’re going to cover some important aspects of the claims process, and how our solicitors can support you throughout your potential claim.
Making Sure You Have The Evidence You Need
Evidence will be used to not only demonstrate that a duty of care was breached but also highlight the extent of your injuries. It is, therefore very important to gather as much evidence as you can when making a claim.
Examples can include:
- Medical records
- Witness contact information
- CCTV footage
- Records of training and maintenance activity.
One of our solicitors could help you with collecting supporting evidence. You can learn if you’re eligible to work with one of our personal injury experts by speaking to our advisors today.
Time Limits When Starting A Claim
Generally speaking, the time limit to begin a personal injury claim is 3 years from the accident date as per the Limitation Act 1980. However, there are circumstances where exceptions to this can apply. These are:
- The injured person was a minor: those under 18 at the time of accident cannot claim for themselves, and therefore the 3 year limit will be counted from their 18th birthday.
- The injured party lacks sufficient mental capacity: in these cases the time limit is frozen indefinitely.
When these circumstances arise, a litigation friend may be appointed by the court. This gives a suitable adult, for example, a parent or guardian, the power to begin legal action much sooner and make decisions about the claim on behalf of the injured party.
To learn more about the time limits, and find out if any exceptions are applicable in your particular circumstances, talk our team today via the contact information given below.
How Long Sports Injury Compensation Claims Take To Settle
Various factors influence how long it takes to settle a claim. This can include the complexity of the case itself, whether the defendant admits liability straight away and the seriousness of the injuries sustained.
While we can’t guarantee an exact time frame for your claim, we can assure all eligible claimants that our expert solicitors will handle your claim with the utmost professionalism, discretion and speed.
Learn more about how long your potential claim could take to settle by speaking to our advisors today.
How JF Law Can Support Your Claim
Our solicitors can support eligible claimants throughout their sporting injury claims. While there is no legal requirement to work with a solicitor during the claims process, there are definitely benefits to doing so.
A solicitor could help you gather evidence, breakdown the legal language barrier and ensure all court instructions and deadlines are met. They can also negotiate a final settlement on your behalf.
Whether No Win No Fee Agreements Are Right For You
Our solicitors offer eligible claimants a particular contract called a Conditional Fee Agreement (CFA). This No Win No Fee contract means there will be no fees for the solicitor’s work at the start of or during the sporting injury claim.
You will only pay a fee if you win the claim. This is called a success fee and will be deducted from your compensation. The Conditional Fee Agreements Order 2013 caps these fees so you will keep most of whatever is paid out.
For a free eligibility assessment or to ask any questions you may have, contact our advisory team today via the details provided here:
- Call us on 0151 375 9916.
- You can also contact us online by completing this form.
More Information
Find out more about the other types of claim we handle by reading these guides:
- Learn when you could be eligible to make a car accident claim with our dedicated road traffic accident solicitors.
- Find out more about making a work at height accident claim here.
- See our guide to making a pothole accident claim and find out what compensation you could receive.
We have also included these external resources for additional information:
- Administering first aid at the scene of the sporting injury can greatly improve the person’s chances of recovery.
- Read the Health and Safety Executive (HSE) guidance for running a safe sports club on their website.
- Read this government page on claiming Statutory Sick Pay (SSP) after injuries prevent you from working.
Thank you for taking the time to read our guide on making a sporting injury claim. For more information, or to get a free assessment of your eligibility, contact our advisors today using the details provided above.
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