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Those who take part in competitive sport owe a duty of care to all other players to ensure that they take such care as is reasonable to avoid injury to other team mates or opponents. Both players in the sporting activity and spectators are entitled to make a claim.
How to make a claim following a Sports Injury?
You can make a claim if you are injured in both contact and non-contact sports. For example if you are injured due to the behavior or actions of others during sport you may be due compensation.
Also if you've suffered an injury due to the sports facilities you may have a claim against the operator. For example if your injury was caused due to hazards on the park or badly maintained facilities.
Our specialist personal injury lawyers will intimate the details of your sports injury claim as quickly as possible after the accident. The details of the accident and injury will be sent to the insurance company who represents the party or organisation at fault.
We will ingather details of your losses, any documents that we need to prove your case and will contact witnesses as soon as possible.
How long do I have to claim after a Sports Injury Accident?
The time limit for settling a case is usually three years after the accident. However, in terms of the compulsory Scottish pre-action protocol your claim should be intimated as soon as possible.
If a child is involved in a sports injury accident the timescale will be three years for raising a court action following their 16th birthday.
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Our experience has led to:
- Helping thousands of people like you
- Helping with Rehabilitation with specialist contacts
- Securing over £20m for our clients in the last 18 months
- 9 out of 10 customers would use us again and recommend us to friends & family based on client feedback
What can be included in my Sports Injury Claim?
We can claim compensation for any injury you suffer including for the foreseeable consequences of the injury where a professional's career may be affected. You may also be able to claim for general out of pocket expenses, loss of earnings, care and assistance required and various other expenses.
When can I make a compensation claim?
- If the accident was in the last three years
- If someone else was at fault
- If you have suffered injury and/or been off work as a result of the accident
- If you are out of pocket for miscellaneous expenses such as your policy excess, children's car seats and hire costs.
Why use Harper Macleod for your Sports Injury Accident Claim?
We are sports injury experts and have one of the largest personal injury departments in Scotland with over 25 personal injury specialists covering the whole of Scotland, with offices in Glasgow, Edinburgh, Inverness, Thurso and Lerwick, and we offer a no win no fee.
Get in touch with our Specialist Claims Team
We provide a free initial consultation and you can contact us by filling out the claims form below with details of your accident/injury or:
Send us details of your sports injury claim
Common sports injury questions
Compensation Claims for Non-Contact Sports
In relation to non-contact sports such as golf and skiing where participants may be injured by the action of other participants within the location where the injury occurred, damages may also be sought against the owners of the club or resort where the injury occurred as a result of their failure to protect participants from less skilled users. The question of whether or not the accident was caused by an error or misjudgement which could not be reasonably anticipated by the participants or the owners of the course or run where it occurred would be important.
How will your Compensation be Calculated?
In professional sports the conduct of a young player should be judged against that of a comparative player at the same stage of development in his career and not against a more experienced or skilled professional.
Compensation may be awarded not only for the injury suffered but also for the foreseeable consequences of the injury where a professional's career may be affected by the injury.
The claimant would require to demonstrate that he would have been capable of maintaining a career in his chosen sport by confirming what a comparatively skilled player at the same level of development would have been capable of earning. The courts may take into account the level of competition for places within the sport and the difficulties of maintaining a career at professional level even where injury has not occurred where that can be affected by non-related factors out with both the player and his or her club's control.
Can I make a Sports Injury Claim?
Those who take part in competitive sport owe a duty of care to all other participants to ensure that they take such care as is reasonable to avoid injury to other participants. Both participants in the sporting activity and spectators are entitled to make a claim.
In a recent Scottish case a golfer was successful in recovering damages whilst walking on a path adjacent to the fairway on a golf course after being struck by the ball of another golfer.
Compensation Claims for Contact Sports
For an action to succeed where injury has been caused by a contact sport such as football or rugby, the participant inflicting the injury will only be held to be liable if it can be established by the injured party that his actions amounted to a reckless disregard for the claimant's safety.
There has to be proof of something more than a mere error of judgement since misjudgements and mistiming are an integral part of all sports and the courts will not compensate for unfortunate actions that can occur in fast and physically combative sports.
To find out more and to discuss your circumstances call us free on 0800 904 7777 to discuss your claim or fill out the form below and someone will be in contact with you soon.
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