Sports Injury in Argyll and Bute
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I suffered an injury playing sport. Can I claim compensation?
People often think that if an injury occurs while playing sports, there is nothing they can do. This is simply not true. If the sport is supervised, there may well be a duty of care on the part of the organisers. Even during informal recreational sport, the law expects people to behave responsibly and not inflict injury on others.
You would not be able to claim if you were injured by a simple sports accident such as a fair football tackle or if the organisers had taken every care to ensure your safety. However, if the sport organiser knew there was a risk they hadn’t warned you about, or taken reasonable measures to avoid, you may well be able to claim compensation. Similarly, if another player did something which they might reasonably have expected to risk injury to you, you might be able to claim against that player.
Will I get less compensation for a sports injury
The actual amount of compensation awarded is calculated according to the degree of injury (and subsequent effects) and the extent to which someone else was to blame. How any given injury was sustained is not the primary factor. It may be considered that, by playing sport, you accepted a level of risk, but that does not affect the liability of others if they caused you injury through negligence or malice.
Injury Compensation in Argyll and Bute
What does injury compensation cover?
Compensation for injury is awarded under two aspects. The most immediately obvious effects of your injury are covered by “General Damages”. This part of your injury compensation covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your injury compensation will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your injury compensation involves financial loss or additional costs. Under this heading will come compensation for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for injury compensation?
If your compensation claim is to succeed, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be able to win compensation.
Will a pre-existing condition reduce my injury compensation?
On the contrary, compensation awarded for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.