Sports Injury Claims

Sports injuries are an unfortunate reality for many athletes and sports enthusiasts alike. While some injuries can be minor, others can have a significant impact on a person’s life, leaving them with long-term physical and emotional effects. If you’ve been injured while participating in a sport, whether as a professional or amateur athlete, you may be entitled to make a sports injury claim for compensation.

The most common types of negligence leading to a sports injury claim include faulty equipment, lack of safety measures or training and unsafe ground conditions. Injuries may range from cuts and lacerations to brain trauma and paralysis and will determine the amount of compensation you could receive.

Personal injury solicitors have extensive expertise in managing diverse injury claims and strive to offer an efficient and friendly service to those seeking compensation for injuries sustained while participating in sports activities.

To arrange a free case assessment with a legal adviser, call 0800 470 0474 at your earliest convenience or use our online claim form if you would prefer to receive a call back.

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Table of Contents

• Am I eligible to make a sports injury claim?
• What will I need to make a claim?
• Common causes of sport injury claims
• Common injuries caused by sports accidents
• Can I claim if I was injured as a spectator at a sporting event?
• Can I still claim sports accident compensation if I signed a waiver?
• Is there a time limit for making a claim?
• How much sports injury compensation can I expect?
• How long will it take to process my claim?
• No win no fee sports injury claims

Am I eligible to make a sports injury claim?

Whether you suffered an injury at your local gym or an important sporting event, someone else likely owed you a duty of care. Based on the circumstances of your accident, this could be:

• Another player who caused your injuries through reckless or intentional actions
• A coach who has failed to provide adequate instructions and supervision or has encouraged dangerous behaviour
• A referee who has failed to enforce the rules of the game
• The sports facility owner or operator if the injury was due to unsafe conditions on the premises
• A manufacturer of sports equipment if the sports injury was due to a faulty product such as a helmet or protective gear
• Your employer, if you had an accident while working at a sports facility or event
• A school, teacher, or the local council if you or your child suffered an injury at a public facility
• Another spectator, if they committed a violent crime against you intentionally

The above list is just a few examples. Many other situations could entitle a person to make a claim. If you have a valid claim, your solicitor will investigate your case and determine who might be liable to pay you sports injury compensation. As a general rule, you should be able to claim if:

• Your injury occurred within the last three years
• Someone else was responsible for the accident leading to your injuries
• That person or entity owed you a duty of care which they breached

Determining liability in a sports accident claim can be complex. It is recommended that you consult with a personal injury lawyer with experience in such cases to discuss the details of your situation and explore your legal options.

What will I need to make a claim?

If you have a valid sport injury claim, your solicitor is responsible for building a strong case that proves the defendant’s liability and the severity of your injury and symptoms. To do this, they will request various pieces of information and evidence from you, which may include the following:

• Photographs or videos from the accident scene before anything is moved or replaced;
• Photographic evidence of your injuries and your recovery process;
• Many gyms and sporting venues use security cameras, so you should ask for a copy of the footage of the incident when available;
• If a crime or assault has taken place, a copy of the police report;
• Copies of any accident records from the incident in which your injury occurred;
• Copies of any medical records and diagnoses;
• Treatment plans and receipts for any related prescriptions;
• Any witness statements or contact details of witnesses who saw your accident;
• Any further documentation that provides evidence of the impact that your injury has had on your life, such as a personal diary or statements from friends and family;
• Financial evidence of costs and expenses, such as pay slips, receipts and invoices.

Once they have all the necessary information, your solicitor will build the case to demonstrate the detrimental impact of the injury on you and will seek to achieve the highest settlement figure possible.

Common causes of sport injury claims

Sports accidents can happen in various ways, resulting in a wide range of injuries. It may not always be clear whether these were due to someone else’s negligence and if you have valid grounds to claim sport injury compensation. That is why you should contact a personal injury solicitor as soon as possible to review your case for free.

Some of the most common causes leading to a successful sports injury claim include the following:

• Inadequate supervision or instruction from coaches or other instructors during training or competition, leading to injuries;
• Defective sports equipment, such as helmets, pads, or shoes that fail to perform as intended;
• Dangerous playing conditions, such as poorly maintained surfaces, obstacles or hazards;
• Intentional or reckless behaviour by another player, such as illegal and violent tackles;
• Failure from coaches, players or referees to follow essential rules or regulations;
• Overuse or repetitive motion injuries can occur when you engage in the same activity repeatedly over time;
• Improper training techniques can result in injuries, particularly when athletes are pushed too hard or asked to perform exercises or drills that are beyond their ability level;
• Inadequate supervision during a session or training lesson
• Injuries sustained due to a trainer not being suitably qualified
• Being injured in the pavilion at a sporting event due to overcrowding
• Violent behaviour by the spectators
• Damaged pitch or sports field which creates slips and trip hazards, such as potholes
• Poor lighting or absence of suitable signage at sports venues, courts or pitches

If you have suffered a sports injury, it is recommended that you consult with an experienced personal injury solicitor to determine if you may have a valid sports accident claim.

Common injuries caused by sports accidents

Any sporting activity can result in an accident and subsequent injuries to participants and sometimes to spectators. Sport injury compensation can be claimed in relation to any activity where negligence was the cause, but some of the most common injury causes include:

• Horse riding
• Rugby, football and other team sports
• Winter sports like skiing, ice skating and snowboarding
• Gym accidents
• Motorsport accidents

Sports accidents can result in a wide range of injuries, ranging from minor bumps, bruises and sprains to more severe injuries that can have long-term or permanent effects. Some common injuries leading to a sport accident claim include:

Sprains and strains

These are common types of damage that can occur when a ligament or muscle is stretched or torn, often as a result of a sudden movement or traumatic impact. They can happen in any sport, but are more common in those that involve sudden stops or changes in direction, jumping, or running.

Fractures and dislocations

Fractures and dislocations happen when bones are broken or forced out of their positions. These injuries can be incredibly painful and cause swelling, bruising, and limited mobility. Fractures and dislocations can require significant time to heal and may need physical therapy to restore normal function. They are more common in sports that involve contact or high-impact movements, such as football, basketball, or skiing.

Concussions and other head injuries

Head injuries, such as concussions, are common in many sports, particularly those involving contact. They can occur due to a blow to the head or from a sudden jolt or impact. Symptoms may include headache, dizziness, confusion, memory loss, and sensitivity to light or noise and may not appear immediately after the injury.

Traumatic brain injuries (TBI)

Severe head injuries can cause traumatic brain injuries, which can have serious, long-term effects on an athlete’s health and well-being. Moderate to severe TBIs can cause lasting symptoms, such as seizures, loss of consciousness, and permanent cognitive or physical disability. They may require extensive medical treatment, rehabilitation, and ongoing care.

Spinal cord injuries

Spinal cord injuries are a severe type of sports injury that can occur when there is damage to the spinal cord or surrounding nerves. They are often caused by a sudden impact, such as a fall or collision, and can result in long-term or permanent disability. Common symptoms include loss of sensation, paralysis, difficulty breathing or coughing, and loss of bodily functions like control over the bladder or bowel. Spinal cord injuries can have a significant impact on a person’s life and may require ongoing medical care and support.

Cuts, bruises, and abrasions

Cuts, bruises, and abrasions are common types of sports injuries that can occur as a result of a variety of sports accidents. They are typically less severe than other types of traumas but can still cause discomfort and may require medical treatment. It is crucial to seek medical attention for any sport injury, regardless of severity, to ensure proper treatment and prevent complications such as infections or scarring.

Heat exhaustion or heatstroke

Athletes who participate in sports in hot and humid conditions can be at risk of heat exhaustion or heatstroke, which can be life-threatening. They are more common in sports and outdoor activities such as running, cycling, and football in hot and humid environments.

If you have suffered a sports injury of any type or severity due to negligence, you should be eligible to claim sport injury compensation. Whether it is a groin injury, broken ribs, a leg fracture or a neck injury, call 0800 470 0474 to speak to a trained legal adviser to find out if you can make a claim.

Can I claim if I was injured as a spectator at a sporting event?

Sporting venues that allow spectators have a duty of care to take all reasonable measures to keep them as safe as possible. Spectating a sport should not involve any risks, but it can occasionally result in a sports injury claim for compensation. A variety of circumstances can result in harm to spectators, including:

• Tripping in a car park due to potholes, loose paving slabs or missing kerbstones
• Suffering a cut or laceration due to faulty furniture
• Slipping on a wet floor because of leaks or spillages that were not cleaned promptly
• Suffering from food poisoning after consuming contaminated food or drinks purchased at an event
• Overcrowding and lack of crowd control leading to trampling or crush injuries
• Slipping or tripping due to poorly maintained or lit premises
• Lack of adequate safety measures to protect you from a sport injury
• Lack of appropriate warning signs or instructions

If there is evidence that your injury was due to the negligence of a third party, you may be able to make a sports injury claim. The liable party could be the event organiser, the stadium or arena management, or another spectator.

To determine whether or not you have a valid case, you should consult with a personal injury solicitor who has experience in sport accident claims. They can review the specific circumstances of your injury and advise you on your legal options. To arrange a free consultation, call 0800 470 0474 or enter your details here to be contacted by a friendly legal adviser.

Can I still claim sports accident compensation if I signed a waiver?

Signing a waiver before participating in a sport or activity does not necessarily mean you cannot claim compensation if you are injured. These are in place to warn you about potential risks to your health and safety if an owner or event organiser takes all reasonable measures to keep you safe.

While waivers may be used to limit liability for injuries that occur during sporting events or activities, they are not always enforceable. If a third party was negligent, for example, by failing to secure the premises or to maintain the equipment, they would still be liable for your accident, and you could make a sport injury claim.

If you have been injured in a sports accident and signed a waiver, you should consult with a solicitor who can review it and help you determine your legal options. A lawyer can also help you understand the legal implications of signing a waiver and how it may impact your ability to recover compensation for your injuries.

Is there a time limit for making a claim?

To be eligible for sport injury compensation, you must initiate your case within three years of the accident date. This is known as the claim limitation date and is set out by section 11 of the Limitation Act 1980, after which you will lose your right to start a claim for compensation.

In some cases where symptoms develop over time or do not become immediately apparent after an accident, the date of knowledge will be used as the starting point of the three-year time limit. This is the date you knew or should have known that your injury or injuries were severe enough to seek compensation and were due to someone else’s negligence.

The three-year limitation period does not apply to all sport injury claims and can vary depending on several factors. For example:

• If the sports injury was suffered before the claimant’s 18th birthday, the three-year time limit commences when the child turns 18. In the meantime, a parent or another suitable adult could start legal proceedings on their behalf.
• The time limit is suspended if the injured person has suffered a brain injury or suffers from a pre-existing condition that affects their ability to claim. A litigation friend could make a sports injury claim on their behalf at any time.
• If you were injured outside the UK, the claim limitation date could vary considerably from country to country and may be much shorter than three years.
• If you lost a loved one due to a sport injury that was due to someone else’s negligence, you have three years to start a claim from the date of death.
• You could also claim compensation through the Criminal Injuries Compensation Authority (CICA) if you were the victim of a violent crime at a sporting event. The time limit to make a CICA claim is two years after the event, and you must report the incident to the police.

Although three years might seem like a long time, we would encourage clients to commence their claim at the earliest opportunity. This makes it easier to source evidence and witness reports where applicable and will ensure that any relevant details are fresh in your mind.

By initiating your claim as early as possible, you also give your solicitor plenty of time to negotiate the highest settlement award possible on your behalf. This can help to pay for any additional treatment you require to get your life back on track as soon as possible.

How much sports injury compensation can I expect?

The amount of compensation awarded to you depends upon the severity of your specific case. To achieve the highest award possible, your solicitor will seek to prove that your condition has had a substantial negative impact on your life and has led to significant damages and loss. Your sports injury compensation will cover two types of damages:

General damages cover the physical injury suffered and its consequences, such as:

• Physical pain
• Stress, anxiety and other psychological consequences
• Physical and mental disability
• Changes in the quality of life
• Loss of prospects and enjoyment of life
• Loss of amenities
• Loss of consortium or companionship

Special damages are awarded for all the related financial losses and expenses, including:

• Short and long-term medical expenses, such as consultation fees and prescriptions
• The cost of physical therapy and rehabilitation
• Medical devices, such as mobility aids
• The cost of hiring help during recovery if you cannot carry out your daily activities
• The cost of travel to and from medical appointments
• Lost wages due to any time you have taken off work for medical treatment or recovery, as well as any future loss of earnings or earning capacity

Special damages are calculated by adding up the actual monetary losses incurred due to the injury, such as medical bills, loss of income, and other expenses. These losses are usually relatively easy to calculate, as they can be supported by invoices and receipts. General damages, on the other hand, are more difficult to calculate, as they intend to compensate the victim for intangible losses, such as pain and suffering, loss of enjoyment of life, and emotional distress.

The calculation of general damages is primarily based on guidelines set out by the Judicial College. These guidelines provide a range of compensation amounts for various injuries based on their severity and duration. You can refer to our compensation calculator to get a rough idea of how much your sports injury claim could be worth according to the type and severity of your injuries.

At your initial free consultation, your solicitor will gather details about your case and assess the likely outcome. They will also answer any questions you may have about the claims process and the services they can offer.

This will help you to manage expectations throughout the claim and understand the strength of your case from the outset. However, rest assured that your solicitor will work hard to secure the highest possible settlement figure.

How long will it take to process my claim?

Sports injury claims can vary in complexity and, therefore, the time it takes to conclude. Your solicitor will assess the details of your specific circumstances and will be able to offer tailored advice as to how straightforward or complex your situation is in comparison to similar cases. That will then enable them to detail the expected length of time for completion.

How long it takes to process a sport accident claim will depend on various factors, such as the circumstances of the incident, the severity of the injuries, and the cooperation of the parties involved. Straightforward cases will usually take a few months to conclude, while complex ones can last several years.

The initial stage of the process involves gathering evidence to support your claim, such as medical records and witness statements. This can take several weeks or even months, depending on the availability of the evidence and the responsiveness of the parties involved.

Once the evidence has been gathered, the claim can be filed with the relevant insurer or court, and negotiations can begin. This stage can also take several months, as both sides may need to exchange offers and counteroffers to reach a fair settlement. If a settlement cannot be reached, the case may go to trial, likely extending the claims process by many months.

It is essential to keep in mind that the length of time it takes to receive sports injury compensation can vary widely depending on the specific circumstances of your case. A personal injury lawyer can provide you with a better idea of the expected timeline once they have had the opportunity to review your case.

You can support your solicitor in processing your claim in several ways, which may help to speed up the process. Providing as much detail as possible from the outset establishes an excellent platform for the case. Furthermore, gathering as much relevant documentation and evidence as possible will help the solicitor to negotiate a settlement figure more quickly on your behalf.

No win no fee sports injury claims

The injury solicitors we work in partnership with will offer you the opportunity to claim the compensation you rightly deserve on a no win no fee* basis. This means that you are not required to make any upfront payments and will only be required to pay any fees if they successfully win your claim.

This payment is known as a success fee and will be a pre-agreed percentage of the compensation awarded to you, capped at 25% of your award for general damages and past financial losses. If your injury lawyer cannot win your case, the no win no fee service means you will not pay a penny.

If your claim is unsuccessful, you will not have to pay any legal charges incurred during the legal process either. This type of financial protection is offered by the After the Event (ATE) insurance policy that your solicitor will take on your behalf.

Further benefits of using a no win no fee solicitor to claim sport injury compensation include:

• They will know exactly how much compensation you are entitled to receive for your injuries
• They have expert legal knowledge and experience handling sport injury claims
• No win no fee solicitors are extra motivated to win your case, as their fees are contingent on the success of your claim
• You can have peace of mind knowing they will work hard to secure the best compensation for you
• They will handle all the legal aspects of your case while you can focus on recovery and your loved ones

To start a sports injury claim or learn more about the claims process and the no win no fee service, call 0800 470 0474 to arrange a free consultation with a legal adviser. Alternatively, you can use the contact form below to arrange for a legal adviser to call you back.